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(영문) 수원지방법원 여주지원 2018.02.23 2016가단57514
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 49,529,730 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 12, 2016, the Plaintiff entered into a sales contract with the Defendant to pay KRW 220 million for the land and newly-built house (hereinafter “instant land and house”) listed in the separate sheet (hereinafter “instant land and house”) on the date of the contract, and KRW 20 million for the intermediate payment of KRW 50 million on the date of the contract, KRW 50 million for the intermediate payment of KRW 148 million on February 26, 2016, and the remainder of KRW 100 million on March 29, 2016, and as a special agreement, the period of repair shall be two years (two years for the seller’s defect repair). The seller agreed that the seller will perform the pents and the environmental construction work around the house, and that the interior wall expansion construction work shall be occupied by the buyer before the buyer ( March 29, 2016).”

(hereinafter “instant sales contract”). B.

The Plaintiff paid 72 million won in total to the Defendant the down payment and intermediate payment, and moved into the building of this case around March 29, 2016.

The defendant, by March 29, 2016, decided to pay the balance of the construction completion, repayment of loans, and transfer of ownership until the date of completion of construction, but the plaintiff did not perform the above matters. Thus, the defendant shall be liable for civil and criminal liability unless the following is terminated within seven days from the date of completion of construction.

The Plaintiff shall pay any balance upon the completion of the work and the transfer of name - Aar -

1. Termination of joint security for repayment of loans by registration, 39 million won, D 84 million won, and 39 million won;

2. Installation of a tin-type pen, man-type facility, removal of a rooftop, construction of water tanks, storage multi-use facility principal works, and installation of a pent-type truck with the first floor;

3. 하자 부분(피고 확인) 1층 화장실 배수 안됨, 타일 교체(구멍), 천장 구멍, 변기 누수 교체 2층 화장실 타일 구멍 교체, 실리콘 처리 마감 실내 계단 누수로 인해 철거 후 재시공, 센서등 교체 초인종 불량, 2층 누수부분 확인시공 샷시 파손 및 실리콘 처리 불량 재시공 요망

4. Purchase and transfer should be made to the Plaintiff to approximately five squares attached to the cadastral map (E).

C. The Plaintiff on January 2016.

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