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(영문) 수원지방법원여주지원 2019.05.22 2018가단56713
소유권이전등기
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

3. Terms and Conditions 1) Sale: 450,000,000 Won2) provide one household after completion.

3) Existing loans of KRW 230 million and interest shall be succeeded and borne by C and D from September 1, 2018 to September 1, 2018. 4) Any balance of KRW 220 million shall be paid simultaneously with the sale in lots. A.

On August 22, 2018, the Plaintiff’s husband C and D entered into a sales contract with the Defendant’s husband E, representing the Defendant, to purchase each of the instant real estate owned by the Defendant at KRW 450 million (hereinafter “instant first sales contract”).

The main contents of the instant sales contract are as follows.

B. On September 13, 2018, the Plaintiff prepared a sales contract with the Defendant on the purchase price of KRW 360 million for each of the instant real estate (hereinafter “instant sales contract”) with the content that the Plaintiff would purchase KRW 300 million for the purchase price of KRW 360 million for each of the instant real estate (contract amounting to KRW 30 million for the contract payment, and the balance amounting to KRW 330 million for the payment: November 9, 2018) (hereinafter “instant sales contract”).

C. The Plaintiff paid each of the Defendant KRW 30 million on October 17, 2018, and KRW 10 million on October 18, 2018.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff C concluded the first sales contract regarding each of the instant real estate with Defendant and D, but rescinded the agreement on September 2018.

After that, on September 13, 2018, the Plaintiff and the Defendant entered into the instant secondary sales contract by reducing the sales price, excluding D with respect to each of the instant real estate.

In the instant secondary sales contract, KRW 290 million, out of KRW 360 million, was determined to have taken over the Defendant’s collateral security obligation instead of paying the purchase price. The Plaintiff paid KRW 40 million to the Defendant as the down payment and the intermediate payment.

Therefore, the defendant is therefore the case.

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