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(영문) 춘천지방법원 원주지원 2018.09.18 2017가단33154
소유권말소등기
Text

1. The defendant shall receive KRW 40,000,000 from the plaintiff at the same time, and one of the real estates listed in the attached Table 1.

Reasons

Basic Facts

A. On August 15, 2016, the Plaintiff entered into a sales contract between the Defendant and the Plaintiff for the purchase of real estate listed in the separate sheet No. 1 and each real estate listed in the separate sheet No. 2 (hereinafter collectively referred to as “each of the instant real estate”), which is owned by the Plaintiff, from the Plaintiff, at KRW 90,000,000, the down payment of KRW 9,000 and the intermediate payment of KRW 11,00,000,000 on the date of the contract, and the remainder of KRW 70,00,000 until February 28, 2017 (hereinafter referred to as “instant sales contract”).

B. The terms and conditions of the instant sales contract related to the instant case are as follows:

Article 2 (Transfer of Ownership) The seller shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of ownership transfer and deliver the real estate of this case.

Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, unless otherwise agreed, the contract deposit shall be confiscated if the buyer has neglected it, and if the seller has neglected it, the seller shall be liable to compensate for the double of the contract deposit.

The transfer of all oxygens to the special agreement;

b) promise to transfer by December 30, 2016, provided that the commitment is made at the prime time with respect to the transfer of 5,000,000 won, provided that the reimbursement is made at the time of delay.

The name may be changed at the time of transfer of registration.

C. On August 15, 2016, the Defendant paid KRW 20,000 to the Plaintiff the down payment and intermediate payment.

On February 16, 2017, the Plaintiff received KRW 40,000,000 out of the remainder from the Defendant, and issued the documents necessary for the registration of transfer of ownership of each of the instant real estate to the Defendant on the same day.

The defendant is respectively liable for share 1/2 of the real estate listed in the separate sheet No. 1 on February 20, 2017, and for each real estate listed in the separate sheet No. 2 on March 2, 2017.

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