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(영문) 의정부지방법원 2018.02.08 2017나204651
소유권말소등기
Text

1.The judgment of the first instance, including the primary claim and the modified conjunctive claim added at the trial, is as follows:

Reasons

1. Summary of the plaintiff's assertion

A. On October 14, 201, the Plaintiff, which is the primary cause of the claim, purchased real estate listed in the separate sheet (hereinafter “instant apartment”) around October 14, 201, and leased the same to the Defendant as KRW 130,000,000.

On October 20, 2015, the Plaintiff sold the instant apartment in KRW 210,00,000 to the Defendant; however, the Plaintiff paid KRW 20,000,000 to the Defendant the remainder of KRW 130,000 among the remainder of KRW 190,000,000, and entered into a contract with the Defendant to pay KRW 60,000,000 to the remainder of the remainder of KRW 190,00 in lieu of the deposit already received.

On November 5, 2015, the Plaintiff completed the registration of ownership transfer for the instant apartment in accordance with the above sales contract, but the Defendant did not pay the Defendant the sum of KRW 20,000,000 for the remainder of KRW 20,000 and KRW 60,000 for the remainder of KRW 60,000.

Therefore, the defendant is obligated to pay to the plaintiff the remaining purchase and sale amount of KRW 80,000,000 and damages for delay.

B. Since the Defendant did not pay the Plaintiff the purchase and sale amount of KRW 80,000,000 or refused to implement the said contract, the said contract was rescinded by the Plaintiff’s declaration of intent for cancellation on January 15, 2018 due to the Defendant’s cause attributable to the purchase and sale.

Therefore, the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer with respect to the apartment of this case, at the same time, to receive the refund of the purchase price for the term payment from the plaintiff.

2. Judgment as to the main claim

A. 1) The Plaintiff and the Defendant first known the cause of the claim at around 2005 in the state of their respective legal spouse’s existence. From around 2006 to August 2015, the Plaintiff and the Defendant had in an inhumane relationship.

B) On October 14, 201, the Plaintiff purchased the instant apartment in KRW 172,00,000, and thereafter leased the said apartment in KRW 130,000,000 to the Defendant after the lease deposit. (C) After October 12, 2015, the Plaintiff sold the instant apartment in KRW 150,000 to the Defendant, but among them, KRW 130,000.

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