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(영문) 서울북부지방법원 2016.07.21 2014가합26273
소유권말소등기
Text

1. Of the instant lawsuit, the part of the Plaintiffs’ primary claim against Defendant C is dismissed.

2. The plaintiffs defendant D.

Reasons

1. Basic facts

A. On March 7, 2014, Plaintiff A, the representative director of Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) purchased the instant real estate from Defendant D for KRW 264,00,000 (hereinafter “instant sales contract”), and the down payment of KRW 26,00,000 on the date of the contract, and agreed to pay the remainder of KRW 238,00,000 on May 30, 2014.

On the other hand, the sales contract of this case is written in the buyer column as "the plaintiff and one other", and is written in the special agreement (paragraph (1)) that "if the total remainder is not paid by the remaining payment, the down payment shall be deemed as a penalty and shall not be returned."

B. Meanwhile, after concluding the instant sales contract, Defendant D agreed from E on April 10, 2014 to pay the F Housing (Second-rises No. 1 Partition), located in Jung-gu Seoul, to KRW 5,000,000 on the date of the contract, and to pay the down payment of KRW 500,000 on the date of the contract, the remainder of KRW 4,500,000 on the date of May 30, 2014, and the monthly rent of KRW 30,000 on May 30, 2014.

(hereinafter “instant lease agreement”). C.

However, until May 30, 2014, Plaintiff A failed to pay the balance under the instant sales contract, and upon Plaintiff A’s request, Defendant D extended the payment date until June 30, 2014.

After that, Plaintiff A failed to pay any balance until June 30, 2014, and Defendant D requested the extension of the payment date of the remainder for the remainder, and Defendant D had extended the payment date of the remainder until July 10, 2014.

On the other hand, on July 9, 2014, Defendant D notifies Plaintiff A of the fact that “I will confiscate the down payment by deeming that I would not perform the contract unless I deposit or settle the accounts in the seller’s account by July 10, 2014, which was concluded in March 2014.”

The low will be prepared for directors and transfer of ownership at the same time as the balance is paid.

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