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(영문) 울산지방법원 2016.02.16 2015가단19888
소유권이전등기
Text

1. The defendant shall receive KRW 158,000,000 from the plaintiff, and at the same time, shall be not less than 896 square meters in Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. Ulsan-gun, Ulsan-gun, B, and 896 square meters (hereinafter “instant real estate”) are owned by the Defendant.

B. On May 9, 2012, the Plaintiff purchased the instant real estate in KRW 188,00,000 between the Defendant and the Defendant, and concluded a sales contract with the effect that KRW 30,000 of the down payment shall be paid at the time of a contract, and the intermediate payment of KRW 50,000,000 shall be paid on June 28, 2012, and the remainder shall be paid on September 28, 2012 (hereinafter “instant sales contract”).

As the special terms and conditions of the instant sales contract, “this contract shall not be terminated at will because the construction company entered into a sales contract with multiple landowners for housing construction.”

(hereinafter referred to as the “instant special agreement”). C.

The Plaintiff paid 30,000,000 won to the Defendant at the time of the instant sales contract, but did not pay the intermediate payment and the remainder.

On October 9, 2012, the Defendant sent to the Plaintiff a notice of cancellation of the Land Sales Contract (hereinafter “instant notice”) stating that “The Plaintiff would have caused enormous damages due to the Plaintiff’s failure to pay the intermediate payment and the balance, and thus, inevitably rescinded this contract.” This notice reached the Plaintiff on October 11, 2012.

E. On April 30, 2015, the Plaintiff notified the Defendant to perform the registration of ownership transfer under the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1, 2, and the purport of the whole pleadings

2. Assertion and determination

A. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the instant real estate at the same time receiving KRW 158,00,000 from the Plaintiff for the intermediate payment and the remainder of the sales contract.

B. (i) The Plaintiff’s determination on the instant special agreement is based on the terms and conditions of the instant special agreement.

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