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(영문) 인천지방법원부천지원 2020.11.13 2019가합104791
소유권말소등기
Text

1. The Defendant (Counterclaim Plaintiff) B is attached to the Plaintiff (Counterclaim Defendant)

1. The delivery of real estate stated in the list shall be simultaneously carried out;

Reasons

1. Basic facts

A. The Plaintiff is a 1942-year student.

B. On June 27, 2018, the Plaintiff issued to D a power of attorney (D) a letter of delegation stating that “all decisions on all rights, including the management, sale, exchange, and lease rights, of the instant real estate” was delegated to D.

C. On October 16, 2018, the Plaintiff entered into a contract to sell the instant real estate to Defendant B (hereinafter “instant sales contract”) and prepared a sales contract. Of the terms and conditions of the said sales contract, the part related to the issues of the instant case is as follows.

Real estate sales contract

2. Article 1 of the Terms and Conditions of the Contract provides that the buyer shall pay the sale price of the real estate to the seller as follows:

The sales amount of KRW 380,00,000 down payment of KRW 20,000,000 is paid and received at the time of the contract. The intermediate payment of KRW 260,000,000 shall be paid and received at the time of the contract. The remainder payment of KRW 260,00,000 shall be paid on October 30, 2018.

Section 2. The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, cooperate in the registration procedure, and deliver such real estate.

Special terms and conditions: A purchaser shall take over and succeed to the right to collateral security at one time, a special contract No. 1 of the Gu, as shown in the attached Form.

The establishment of the right to collateral security No. 2 of the Gu shall be terminated immediately at the time of payment of intermediate payment.

A seller shall transfer his ownership to the buyer immediately after receiving the down payment.

The buyer concludes a lease contract for the above-sale house to the seller, and intends to reside in the house until the seller prepares a new residence.

The seller shall pay the remainder of the money after deducting the rental deposit and loan from the balance of the purchase price.

Tax and public charges, acquisition tax, etc. shall be borne by the seller before the date of transfer.

The Plaintiff received KRW 20,00,000, which is part of the down payment of the instant sales contract from October 16, 2018 to July of the same month, from Defendant B.

E. The plaintiff.

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