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(영문) 대구지방법원 2014.11.28 2013가단62596
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On October 28, 2013, the Plaintiff and the Defendant entered into a sales contract with the effect that the Plaintiff shall pay KRW 250 million for the real estate listed in the separate sheet (hereinafter “instant commercial building”) from the Defendant, and that KRW 30 million out of KRW 250 million for the purchase price shall be paid on the date of the contract as the down payment, and KRW 30 million out of the remainder of KRW 220 million shall be substituted by taking over the obligation to refund the deposit to the existing lessee, and KRW 190 million shall be paid as of November 8, 2013 (hereinafter “instant sales contract”). The Plaintiff paid KRW 30 million for each contract to the Defendant as of November 7, 2013 (hereinafter “instant sales contract”).

B. On November 8, 2013, the remaining payment date, the Defendant received the remainder from the Plaintiff, and at the same time, intended to deliver all documents necessary for the transfer of ownership of the instant shopping mall, but the Plaintiff knew that the exclusive use area of the instant shopping mall was eight square meters, and determined the purchase price based on this. Since the exclusive use area of the instant shopping mall is merely seven square meters, the remaining payment cannot be made, and the remaining payment cannot be made until the said exclusive use area of the instant shopping mall was reduced to seven square meters.

C. On November 20, 2013, the Plaintiff demanded the Defendant to reduce the purchase price and pay the remaining amount reduced simultaneously with the transfer of ownership on the face of the week, and re-requested the reduction of the purchase price.

Accordingly, the Defendant, around January 14, 2014, kept the documents necessary for the transfer of ownership of the instant commercial building in a certified judicial scrivener office. Accordingly, the Defendant notified the Plaintiff at any time that the documents can be received with the payment of the purchase price and demanded the payment of the purchase price, but the Plaintiff did not intend to pay the purchase price unless the purchase price is reduced, and rejected the Defendant’s request for the payment of the remaining price.

E. On April 16, 2014, the Defendant’s intent is to cancel the instant sales contract on the grounds of the Plaintiff’s default or non-performance of the obligation to pay the remainder.

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