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(영문) 제주지방법원 2020.08.11 2019나13544
소유권이전등기
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. On September 15, 2017, the Defendant sold to the Plaintiff KRW 6,793 square meters of H forests and 923 square meters of I forests and fields (hereinafter collectively referred to as “instant land”) at KRW 650,000,000 in the price (hereinafter “instant contract”), and received KRW 65,000,000 from the Plaintiff on the same day.

Article 1 (Purpose) In regard to the sale of the above real estate, the seller and the buyer, by agreement, shall pay the purchase price as follows:

The purchase price of KRW 650,000,000 for down payment of KRW 65,000 shall be paid and received at the time of the contract. The intermediate payment of KRW 100,000,000 shall be paid in November 20, 2017 and the balance of KRW 485,00,000 shall be paid in May 30, 2018.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be May 30, 2018.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The contract of this case contains the following contents:

On November 2, 2017, the Defendant sent a text message to the Plaintiff, stating that “The Plaintiff’s promise to deposit part payments on October 30, 2017 is doubtful that the Plaintiff’s intent to perform the contract is not doubtful because it did not contact with the Plaintiff even in return for payment of part payments. The Plaintiff paid the part payments within one month prior to the preparation of the instant contract.” The instant contract, without mentioning in advance, was unilaterally made on November 20, 2017 (hereinafter “the first text message”).

On the same day, the Plaintiff’s promise to make a text message to the Defendant.

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