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(영문) 울산지방법원 2015.12.22 2015가단18854
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff was established on September 1, 1998 for the purpose of construction business, etc. 2) The defendant is the owner of the land of this case.

B. On May 7, 2012, the Plaintiff purchased the instant land from the Defendant for KRW 130 million and paid the Defendant the down payment of KRW 30 million on the day of the contract (hereinafter “instant sales contract”).

(2) As the Plaintiff failed to pay the remainder by June 28, 2012, which is the remainder payment date under the instant sales contract, the Plaintiff and the Defendant extended twice the remainder payment date by July 10, 2012 and July 31, 2012, but the Plaintiff did not pay the remainder payment to the Defendant even by July 31, 2012.

3) On November 1, 2012, the Defendant sent to the Plaintiff a peremptory notice to the effect that “the Defendant prepared and kept the documents necessary for the registration of transfer of ownership on the instant land, and the Plaintiff would pay any balance by November 15, 2012, and if the Plaintiff would not pay any balance by that date, the said peremptory notice reached the following day. 4) The Plaintiff did not pay any balance to the Defendant even until November 15, 2012, and the Defendant sent a peremptory notice to the Plaintiff on November 19, 2012, and the following day arrived at the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. Determination

A. 1) The parties’ assertion 1) Under the instant sales contract, upon receiving KRW 100 million from the Plaintiff, the Defendant is obligated to pay the remainder of the purchase and sale from the Plaintiff, and at the same time perform the procedures for the registration of ownership transfer with respect to the instant land. 2) The Defendant’s defense and the Plaintiff’s assertion did not comply with the remainder payment period set by the Plaintiff, and the Defendant’s assertion did not pay the remainder to the Plaintiff on November 1, 2012

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