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(영문) 의정부지방법원 2015.03.26 2014가합4917
매매대금
Text

1. The Defendant completed on October 11, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff as the receipt No. 12405.

Reasons

1. Presumed factual basis

A. On March 16, 2013, the Plaintiff concluded a sales contract to sell each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) with C and the Defendant, which the Defendant was carrying out.

On April 18, 2013, the Plaintiff concluded a sales contract again with the Defendant to sell each of the instant land, and concluded a sales contract again by modifying the content of the said sales contract on August 19, 2013.

(hereinafter referred to as “instant sales contract”). The Plaintiff and the Defendant agreed to the instant sales contract as follows.

(1) The purchase price shall be KRW 1.37 billion in total, and the down payment of KRW 50 million in total shall be paid on the contractual day, the intermediate payment of KRW 810 million in total on October 11, 2013, and the remainder of KRW 510 million in total on November 30, 2013, respectively.

(2) The purchaser shall pay any balance within two months after the completion of a factory.

(3) All defects (road use, etc.) caused by the above land shall be responsible for the seller.

(4) A seller shall bear the costs of handling defects due to defective performance of civil works performed during the period of time, which is KRW 10 million.

B. On October 11, 2013, the Plaintiff completed the registration of ownership transfer with respect to each of the instant land to the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Eul 1 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff completed the registration of ownership transfer for each of the instant lands to the Defendant according to the instant sales contract.

However, the defendant paid the down payment and the intermediate payment to the plaintiff, but does not pay any balance, so the plaintiff cancels the above sales contract by serving a duplicate of the complaint of this case.

Therefore, the defendant should cancel each registration of transfer of ownership with respect to each land of this case to the plaintiff.

B. The plaintiff and the defendant asserted ① on each land of this case.

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