(영문) 제주지방법원 2015.12.08 2015가단5018

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(영문) 제주지방법원 2015.12.08 2015가단5018

가등기말소등

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1. The Defendant (Counterclaim Plaintiff) B is described in the separate sheet of real estate attached to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 11, 2014, the Plaintiff entered into a contract with Defendant C to sell each of the instant real estate listed on the attached real estate list (hereinafter “each of the instant real estate”) at KRW 130 million in the purchase price (hereinafter “instant contract”), and the main contents thereof are as follows.

1) A down payment of KRW 25 million shall be paid by up to August 10, 2014, on a contractual day, the balance of KRW 15 million. 25 million shall be paid up to August 10, 2014.

(Article 2 of the sales contract; hereinafter “Article 2.3”) If there is a reason to restrict the exercise of ownership, such as the mortgage established on each real estate of this case, the seller shall remove the defect, burden, etc. and transfer the full ownership to the buyer by the date on which the balance is received: Provided, That the same shall not apply to the rights and amount agreed to succeed (Article 3 of the sales contract and Article 3 of the same Act; hereinafter “Article

(4) The seller shall provide all the documents necessary for provisional registration of ownership transfer claim simultaneously with the contract.

(Article 1(5) of the Special Agreement provides that the seller shall cooperate with the bank at the time of the loan of the bank (Article 3(2) of the Special Agreement). The Plaintiff and the Defendant C, in preparing the instant sales contract, deleted the portion of “the delivery date of the said real estate” printed on the end of Article 2 of the Special Agreement and “the delivery date of the said real estate on January 2010,” and Article 2 of the Special Agreement. (c) The Plaintiff and the Defendant C, separate from the instant sales contract, have the following agreements (hereinafter “instant agreement”).

1) It is understood that the seller is permitted on the remainder payment date specified in the sales contract of this case.

2. The seller shall make a principal registration after the completion of a contract for sale.

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