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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. On December 4, 2013, the Defendant concluded a sales contract with regard to D and Busan E-gu, 33 square meters, F large 9 square meters, and F-based buildings (hereinafter “instant real estate”) with a purchase price of KRW 180 million.
Of the purchase price, 18 million won was paid on December 2, 2013, and the balance of 72 million won was paid by D, the buyer, by succeeding to the secured obligation established on real estate for the purpose of sale.
B. On January 3, 2014, the Defendant appears to be erroneous in writing in relation to D on December 2, 2013, 2013.
The registration of ownership transfer claim based on trade reservation was completed.
C. On September 5, 2014, the Plaintiff: (a) paid the purchase price of KRW 336 million with respect to the instant real estate; (b) paid the down payment of KRW 130 million on September 4, 2014; and (c) entered into a sales contract with the Plaintiff to pay the balance of KRW 26 million on January 30, 2015; (c) the relevant provisions in the sales contract are as follows; and (d) there is no provision on the registration of transfer of ownership, other than Article 5.
· An explanation of the real estate mentioned in Article 4 shall be made simultaneously with the payment of any balance.
- Article 5 If any ground exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or if there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defects and charges, etc. of the said right and transfer the
·Article 8 (Buyer) If the buyer is unable to pay the remaining purchase and sale payment by the due date of the balance under this Agreement, this Agreement shall become null and void and may not claim the down payment under this Agreement.
At the time of conclusion of the instant sales contract, the instant real estate B
On December 31, 2004, the provisional registration of the right to claim ownership transfer and the right to collateral security of KRW 80 million for the mortgagee G with the maximum debt amount of KRW 30 million was established.
E. On September 4, 2014, the Plaintiff amounted to KRW 130 million as down payment to the Defendant.