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(영문) 광주지방법원순천지원 2017.07.19 2016가단15949
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 23, 2016, the Plaintiffs’ list Nos. C owned by the Defendant between the Defendants and the Defendants

1. The list of the real estate recorded and the attached list owned by Defendant D;

2. to 2.

6. The real estate recorded in the separate list (hereinafter collectively referred to as “each of the instant real estate”) purchased KRW 94 billion in the purchase price; however, the down payment of KRW 120 million in the purchase price was concluded on October 14, 2016, and the remainder KRW 734 million in the payment of KRW 74 million on November 10, 2016 (hereinafter “instant sales contract”).

B. However, at the time of the instant sales contract, the Plaintiffs and the Defendants agreed to borrow 400 million won out of the remainder from the Defendants, but to pay interest of KRW 800,000 per month. The Plaintiffs and the Defendants drafted a sales contract which provides for KRW 414 million in total and KRW 90,000 in total as KRW 54 million in total (hereinafter “instant sales contract”).

C. On September 23, 2016, the date of the contract, the Plaintiffs paid the Defendants the down payment of KRW 120 million, and the intermediate payment of KRW 50 million on October 14, 2016, respectively.

On November 14, 2016, after the date of the remainder payment, the Plaintiffs demanded the Defendants to report the purchase price at KRW 94 billion, which is the actual purchase price, and the Defendants refused such request and did not pay the purchase price.

E. On November 18, 2016, the Defendants sent to the Plaintiffs proof of the content that “the instant sales contract shall be rescinded on the grounds of the Plaintiffs’ non-performance refusal,” and the Defendants sent the same proof on November 21, 2016.

F. On November 23, 2016, the Plaintiffs: (a) intended to pay any balance when filing a report as the actual purchase price; and (b) sent a certificate of intent to deposit the remainder with the Defendants and file a lawsuit claiming ownership transfer registration.

G. Accordingly, on November 29, 2016, the Defendants issued down payment to the Plaintiffs under the title “Notice of Cancellation of Real Estate Sales Contract”.

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