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(영문) 수원지방법원평택지원 2016.11.24 2016가단10914
소유권이전등기말소
Text

1. The Defendant shall accept, on June 15, 2015, the Suwon District Court’s horizontal Housing Site Costs with respect to the Plaintiff of Pyeongtaek-si Cze-si 312 square meters.

Reasons

1. On May 6, 2015, the Plaintiff sold KRW 770,00,00 (hereinafter “instant real estate”) to the Defendant for KRW 312 square meters (hereinafter “instant contract”). At the time, the Defendant paid KRW 30,000,000 to the Plaintiff at the time of payment of the down payment, the Defendant decided to succeed to the secured obligation under the name of the Gyeonggi Saemaul Community Depository instead of paying the remainder, and completed the registration of transfer of ownership on the instant real estate on June 15, 2015 with the Suwon District Court’s receipt of KRW 42196 (hereinafter “registration”). According to the Plaintiff’s declaration of intent to succeed to the said secured obligation on the ground of sale, the Plaintiff’s failure to perform the obligation to pay the said secured obligation, and the Plaintiff’s failure to perform the obligation to pay the remainder to the Plaintiff by November 10, 2015 and the Plaintiff’s refusal to perform the obligation to pay the remainder by 16,016 weeks.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of this case to the plaintiff by reinstatement.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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