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(영문) 서울고등법원 2018.08.30 2018나2011136
소유권이전등기
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

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

Reasons

1. Basic facts

(a) Article 3 (Methods for Payment of Sales Price) (1) The buyer shall pay the sales price to the seller in installments in accordance with the following:

1. Contract deposit: 70 million won - When concluding a contract;

2. Balance: 2.80 billion won - - payment on March 31, 2016.

- Of any balance, 15 million won shall be reserved as a security deposit until the seller completes follow-up measures related to the lease of the third floor;

Article 5 (Matters to be Observed by Seller and Seller) (8) A seller shall complete works for defects in the object of sale attached to the seller until the balance is paid.

Article 10 (Cancellation of Contracts) (1) In cases where any of the following causes occurs before the implementation of this Agreement, the seller may rescind this Agreement by written notification to the buyer:

1. Where the buyer has failed to perform the matters stipulated in this contract due to any cause attributable to himself and has given notice from the seller demanding the fulfillment or correction thereof for a reasonable period (not less than ten days) fixed by the seller, but has failed to comply with it;

3. A seller of construction work of the object to be attached shall complete the construction work recorded in the accompanying construction work statement until the balance is paid and undergo an inspection by the buyer;

Provided, That the following corporations shall be excluded:

1. Roof garbage cleaning: The lessee shall dispose of it at his/her own expense when it is restored to its original state;

2. External painting;

3. On March 4, 2016, the Plaintiff and the Defendant attached to the 4th toilet construction work

1. Each real estate recorded in the list (hereinafter “instant real estate”, and among them, the real estate listed in Paragraph (3) of the same list was purchased at KRW 3.53 billion (hereinafter “instant sales contract”) and the Defendant paid the down payment amounting to KRW 700 million on the same day.

The main contents of the instant sales contract are as follows.

B. On April 14, 2016, the Plaintiff and the Defendant notified of each rescission of the building of this case by the time the Defendant paid the remainder.

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