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(영문) 청주지방법원영동지원 2019.05.31 2018가단1154
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2017, the Plaintiff entered the purchase price in the sales contract (Evidence A) with the Defendant as KRW 200 million (the remainder KRW 10 million, and KRW 190 million) on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant on July 1, 2017, with the Defendant, as KRW 190 million.

The sales contract to purchase (hereinafter “instant sales contract”) was concluded, and the Defendant paid the down payment of KRW 10 million on the same day.

B. The Plaintiff and the Defendant stated in the instant sales contract that the Plaintiff paid the remainder of KRW 190 million on September 30, 2017, that the Plaintiff paid the remainder of KRW 190 million to the Plaintiff, and that in relation to the implementation of the Defendant’s procedures for the registration of ownership transfer with respect to each of the instant real estate, the Plaintiff entered in the column for the special terms and conditions of the sales contract as follows: “All documents

On the other hand, the plaintiff and the defendant agreed that the defendant shall repay the down payment and the plaintiff may cancel the sales contract of this case by giving up the down payment.

C. On September 19, 2017 and September 25, 2017, and September 26, 2017, the Plaintiff demanded that the Defendant receive only a part of the remainder of the instant sales contract and deliver documents necessary for the registration of transfer of ownership on each of the instant real estate. The Plaintiff asserted that the Plaintiff would complete the registration of transfer of ownership on each of the instant real estate and pay the remainder after receiving the loan from C Cooperatives, etc. upon completing the registration of transfer of ownership on each of the instant real estate.

On September 25, 2017 and September 27, 2017, the Defendant sent text messages to the effect that it would cancel the instant sales contract to the Plaintiff on several occasions, and that it would transfer KRW 20 million, a double of the down payment, to the Plaintiff, and that it would inform the Plaintiff of the Plaintiff’s account number.

After that, the defendant, as of September 28, 2017, issued by this Court No. 177, "20 million won or less, which is a double of down payment, by designating the plaintiff as the principal deposit, as the principal deposit."

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