(영문) 전주지방법원 2012.02.14 2011나5526 | 리걸엔진

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(영문) 전주지방법원 2012.02.14 2011나5526

소유권이전청구권가등기말소

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1. The part of the judgment of the first instance against the Defendant (Counterclaim Plaintiff) regarding the counterclaim of the principal lawsuit shall be revoked;

2...

Reasons

1. The court of first instance dismissed the plaintiff's main main claim and the defendants' main claim, respectively, and accepted the plaintiff's main claim. This court appealed only against the defendants. Thus, this court is to judge only the plaintiff's main claim and the defendants' counterclaim.

2. Basic facts

A. On November 6, 1998, the Plaintiff was awarded the bid price of KRW 36,990,000 in the bidding procedure conducted by the non-party Jung-Eup State Forest Administration for the instant real estate on November 6, 1998, and completed the registration of ownership transfer in its name on January 14, 199.

B. On February 10, 1999, the Plaintiff entered into a promise to sell and purchase the instant real estate (hereinafter “instant promise”) with respect to the instant real estate, with the Defendants, as follows:

In the future, the contractor for sale under Article 1 (Plaintiff) has promised to sell the real estate of this case owned by himself as KRW 20,000,000, and the purchaser (Defendants) has consented thereto.

Section 2. The contractor shall pay a sum of KRW 0,000,000 to the seller as the deposit money under this Agreement, and the contractor for sale shall have received an increase in that amount.

Article 3 If the contractor pays the deposit money under the preceding Article and the amount of the damages agreed in advance between the parties to the purchase by February 10, 2001, this sales contract shall be rescinded, and if the purchaser fails to pay the said amount by the said deadline, it shall be deemed that the parties expressed their intent to complete the sale as of the following day after the said period expires, the ownership of the object of this contract shall be entirely transferred to the purchaser, the seller shall deliver the object without any limited real right, and the buyer shall also implement the procedure for registration of ownership transfer.

An expression of intent to complete a trade under the preceding Article.

유사 판례

-전주지방법원 2012.02.14 2011나5526

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