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(영문) 수원지방법원 2016.01.28 2015가합61500
소유권이전등기
Text

1. As to the Plaintiff, as to Defendant B’s share of 3/11, and Defendant D and E’s share of 2/11, respectively, in the Suwon-si Suwon-si G, 357.1 square meters, respectively.

Reasons

1. Basic facts

A. On September 23, 2014, the Plaintiff entered into a sales contract with H’s agent B on the instant real estate (hereinafter “instant sales contract”) with the following terms and conditions, and paid the down payment of KRW 37 million on the same day.

2. Sales proceeds: 70 million won of the down payment of KRW 37 million was paid and received at the time of the contract, the intermediate payment of KRW 558 million was paid and paid on September 24, 2014, and the remainder shall be paid KRW 135 million in the remainder.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the plaintiff or H has any non-performance of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted, and rescind the contract.

[Matters of Special Agreement]

1. Since the present parcel is a parcel of land for which no preservation registration has yet been made, a sales contract shall be concluded on December 9, 2010 corresponding to land I for a zone publicly announced as a replotting disposition.

4. The Plaintiff shall prepare documents necessary for H’s transfer of ownership, and at the same time bear the interest of bank loans worth KRW 58 million, which constitute part payments.

5. The balance date of this Agreement shall be January 31, 2015, and shall take precedence over the time when the preservation registration is completed after the completion of the cases of No. 2013Da1211 currently pending in the Supreme Court.

6. H shall carry out the preservation registration and transfer of ownership without delay, simultaneously with the completion of litigation related to land.

B. By September 24, 2014, the Plaintiff did not pay H an intermediate payment of KRW 558 million to H, and did not incur a loan interest of KRW 558 million to H’s corporate banks as stipulated in paragraph (4) of the terms of the instant sales contract (hereinafter “instant loan interest”).

C. On September 25, 2014, H was issued with a certificate of personal seal impression for real estate sales with the real estate purchaser as the Plaintiff by the KJ of the wife population in Chungcheongnam-si.

The Supreme Court case No. 2013Da1211 stated in the Clause 5 of the instant sales contract is K.

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