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(영문) 수원지방법원안양지원 2017.11.03 2016가단113465
손해배상(기)
Text

1. The Defendant stated to the Plaintiffs the purport of the complaint and the part regarding “the Defendant” in the pleading protocol dated September 7, 2017, to the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 2016, the Plaintiffs purchased E apartment Na-dong 410,000,000 (hereinafter “instant apartment”) located in Manan-gu, Manan-gu, Suyang-gu, the Defendant owned (hereinafter “instant apartment”) for KRW 10,100 million, and the down payment is paid on the date of the contract, and the intermediate payment of KRW 10,000,000 is paid on July 15, 2016, and the remainder amount of KRW 89,00,000 is paid on August 10, 2016, and the Defendant agreed to reside in the said apartment by December 28, 2016, under a special agreement.

(hereinafter “instant sales contract”). B.

On the day of the contract, the Plaintiffs paid 10 million won the down payment and 10 million won the intermediate payment to each Defendant on July 15, 2016.

C. On August 10, 2016, the Plaintiffs and the Defendant confirmed the copy of the register of the instant apartment at the Licensed Real Estate Agent Office or at the registry of the instant apartment for the remaining payment and the registration of transfer of ownership. Of the title column of the register of the instant apartment, in the indication column of the right to a site in the title section of the register of the instant apartment, the entry was stated as “only land is separately registered, and April 17, 1986” (hereinafter “instant separate registration”). The copy of the register of the instant land was subject to the restriction of rights, such as the provisional registration of the right to a transfer of ownership in the name of F, the registration of

Accordingly, the Defendant confirmed the legal relationship, and the Plaintiffs did not pay the remainder.

On August 16, 2016, the Defendant sent a content-certified mail to the effect that the sales contract will be cancelled if the payment of the balance to the Plaintiffs by August 18, 2016, and that the contract would be cancelled. At that time, the Defendant reached the Plaintiffs.

Accordingly, on August 18, 2016, the plaintiffs registered the separate registration of this case and the provisional registration of the right to claim transfer of ownership in the name of F, No. 93781, Sept. 22, 1983, which was received by the defendant on September 22, 1983, and the name of the Korea Guarantee Insurance Co., Ltd., Ltd., which was received on October 7, 1982.

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