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(영문) 춘천지방법원속초지원 2020.12.08 2020가단22096
소유권이전등기
Text

1. The defendant receives KRW 82,00,000 from the plaintiff and simultaneously receives KRW 19,000 from the plaintiff, Yangyang-gun C Forest in Gangwon-do.

Reasons

1. Basic facts

A. On December 1, 2006, the Plaintiff entered into a sales contract with respect to the land listed in paragraph (1) of the Defendant’s disposition (hereinafter “instant land”), which stipulates that KRW 164 million shall be paid at the time of a contract, and KRW 164 million shall be paid at the time of an intermediate payment, and KRW 32.8 million shall be paid at the time of the completion of the determination of the Class II district unit plan, and the remainder KRW 114.8 million shall be paid at the time of the completion of the authorization of sports facilities and tourism and resort facilities (hereinafter “instant sales contract”).

B. The Plaintiff paid the down payment on December 1, 2006 and the intermediate payment on July 5, 2010, respectively, to the Defendant, and paid KRW 32.8 million out of the remainder on January 24, 201.

C. Meanwhile, when the payment of the remainder of KRW 82 million was delayed, from January 2012 to May 2020, the Plaintiff paid KRW 400,000 per month interest to the Defendant as to the remainder of KRW 82 million, and around June 11, 2020, the Plaintiff sent a content-certified mail, stating that “The Plaintiff would pay the remainder to the Defendant by preparing documents for the implementation of the procedures for the registration of ownership transfer, and then sent it to the Defendant.” The above content-certified mail reached the Defendant around that time.

Accordingly, on July 11, 2020, the Defendant sent a content-certified mail containing an expression of intent to terminate the instant sales contract on the grounds that the market price of the instant land has increased since the conclusion of the instant sales contract, and the said content-certified mail reached the Plaintiff at that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the defendant is obligated to pay the remainder of KRW 82 million from the plaintiff under the contract of this case and to implement the procedure for the registration of ownership transfer as to the land of this case at the same time.

B. As to the judgment on the Defendant’s assertion, the Defendant did not pay a long-term balance due to the Plaintiff’s fault.

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