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(영문) 서울동부지방법원 2016.10.14 2015가단134352
소유권이전등기
Text

1. The defendant on December 30, 2005, as to the real estate stated in the attached list to the plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition (1) On May 30, 2005, Nonparty C entered into a sales contract with the Defendant and the attached list (hereinafter “instant real estate”) with the effect that the purchase price of KRW 190 million shall be determined and sold, but the down payment of KRW 15 million shall be paid by January 30, 2006 on the date of the contract and the remainder of KRW 175 million.

(2) The registration of transfer of ownership in the name of the Defendant (hereinafter “the registration of transfer of ownership”) was made on December 30, 2005 by the Suwon District Court Yangyang Registry No. 61868, Dec. 30, 2005 with respect to the instant real estate.

(3) On December 27, 2010, in order to secure the payment of the remainder under the instant sales contract, the Defendant filed a registration of the claim for transfer of ownership with respect to the instant real estate with the Suwon District Court Yangyang District Court’s registration office No. 55153, Dec. 27, 2010.

(4) On September 11, 2013, C died, and the Plaintiff, D, and E, the co-inheritors of the network C, agreed to divide the instant real estate into inherited property solely owned by the Plaintiff.

(5) On August 18, 2016, the Plaintiff expressed to the Defendant the intent to cancel the instant sales contract on the instant real estate on the grounds of the Defendant’s nonperformance of the obligation to pay the remainder amount, through a written application for modification of the purport of the claim and the cause of the claim, and the said written application reached the Defendant on August 18, 2016.

(6) The Defendant did not pay the remainder of KRW 175 million according to the instant sales contract.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, after the ownership of the instant real estate was transferred and the deadline for payment of the remaining purchase price of the instant real estate was expired, the Defendant had a considerable period of time elapsed despite the deceased and the Plaintiff’s request for performance.

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