(영문) 수원지방법원 2021.01.21 2020가단524572

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(영문) 수원지방법원 2021.01.21 2020가단524572

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On April 30, 2008, the registration of the transfer of ownership in the Defendant’s name (hereinafter “registration of the transfer of ownership”) was completed on April 29, 2008 with respect to the instant real estate (hereinafter “the instant real estate”) owned by the Plaintiff on the grounds of the purchase and sale (hereinafter “the instant sales contract”) by Suwon District Court’s receipt No. 61169, Apr. 30, 2008, which was located on April 29, 2008.

B. On October 21, 2009, the Plaintiff notified the Defendant that the purchase price would be paid by October 21, 2009 through a notice issued by the Plaintiff on October 21, 2009 and that the instant sales contract would be revoked in the event that the Plaintiff had completed the registration of the transfer of ownership of the instant real estate pursuant to the instant sales contract, but the Defendant delayed the payment of KRW 370 million to the Plaintiff pursuant to the instant sales contract, and that there was no response by the Defendant, although the Plaintiff notified the Defendant that the instant sales contract would be rescinded.

Therefore, since the sales contract of this case was cancelled on October 21, 2009, the defendant is obligated to implement the registration procedure for cancellation of the previous class of ownership to the plaintiff.

"The judgment of the court below in favor of the plaintiff (hereinafter "the judgment of the court of appeal in this case") was affirmed on March 11, 2010. The judgment of the court of appeal in this case became final and conclusive on April 27, 2010.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the judgment of the previous suit of this case was rendered and the judgment of the previous suit of this case became final and conclusive. However, since the extinction of the statute of limitations on the registration of the transfer of ownership of this case was imminent after about 10 years elapsed from the date the judgment of the previous suit of this case became final and conclusive, the Plaintiff’s claim of this case was filed to suspend

유사 판례

-수원지방법원 2021.01.21 2020가단524572

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