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(영문) 광주지방법원 목포지원 2017.02.08 2016가단51758
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 18, 2015, the Plaintiff entered into a sales contract with the Defendant for each real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”). On August 18, 2015, the Plaintiff paid KRW 100 million to the Defendant as the down payment and KRW 100 million as the intermediate payment on September 18, 2015, respectively.

B] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts as seen earlier prior to the determination of the cause of the claim, since the obligation to transfer ownership and the obligation to pay the purchase price are concurrently performed, the Defendant is obligated to pay KRW 553,200,000 to the Plaintiff according to the instant sales contract, unless there are special circumstances.

As the Defendant asserts that the instant sales contract was terminated, it is difficult to find that the agreement was concluded in light of the following circumstances, where the Plaintiff failed to obtain a loan from a financial institution until the examination of a loan on security of the instant real estate was conducted on October 1, 2015 and around November 5, 2016, and the Plaintiff prepared for sale and purchase of the instant real estate without giving a notice of completion of registration and a notice of completion of registration as to the Plaintiff’s testimony and pleading as follows:

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