(영문) 의정부지방법원 2017.12.22 2017가단13595

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(영문) 의정부지방법원 2017.12.22 2017가단13595

소유권이전등록

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1. The defendant receives KRW 83,096,576 from the plaintiff, and ② the plaintiff is about KRW 2,151 square meters before Macheon-si.

Reasons

1. Basic facts

A. On August 20, 2016, the Plaintiff purchased 2,151 square meters from the Defendant’s purchase from the Defendant on August 20, 2016. The important matters of the above sales contract are as follows. On June 19, 2008, the Plaintiff established superficies with respect to the said land: (a) the Jung-gu District Court’s Macheon-si Office of Macheon-si Office of 26030,000 won; (b) the secured debt against the Defendant; (c) the secured debt against the Defendant; (d) the ownership of buildings or other structures or trees for the purpose of 26031 of receipt; (d) the scope of the ownership of the land; (e) the entire land; (e) the term “30 years from June 19, 2008”; and (e) the term “no superficies”.

[Contents of the contract] The seller and the buyer shall pay the purchase price by agreement for the sale of the above real estate as follows.

The amount of KRW 385,00,000 down payment of KRW 20,000 shall be paid and received at the time of the contract by the seller and the seller shall cancel the loan amount of KRW 269,00,000 by the date of the balance payment.

Any balance of 365,000,000 won shall be paid on November 30, 2016.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the procedures for registration, simultaneously with the receipt of the balance of the purchase price, and the delivery date of the said real estate shall be November 30, 2016.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defect, burden, etc. of the said right

except in cases of rights and amounts agreed to succeed.

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

In addition, the parties to a contract may claim damages from the other party.

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