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(영문) 대구지방법원 2015.07.08 2014가단122174
소유권이전청구권가등기의 말소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On January 28, 2014, the Plaintiff entered into a sales contract with the Defendants on the purchase price of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the amount of KRW 1.64 million, and the intermediate payment payment amount of KRW 350 million, the intermediate payment of KRW 150 million, the intermediate payment of KRW 150 million, and the intermediate payment payment payment date of KRW 10 million on February 10, 2014, and the remainder payment of KRW 564 million and the remainder payment date of KRW 564 million on September 26, 2014, and the delivery date of each real estate listed in the separate sheet (hereinafter “instant sales contract”).

B. The terms and conditions of the instant sales contract are as follows.

(1) The purchaser (the defendant) shall enter into a contract after on-site inspection.

2. The order of the above-mentioned parcel number shall be expressed by the seller.

Provided, That the contract date shall be set at eight months, if any, 30,000,000 won shall be deducted from the balance and paid to the seller.

(3) A security shall be held until the completion of each other.

(4) A seller shall pay the down payment, intermediate payment, five hundred million won on condition that a provisional registration, seizure, establishment, progress of auction, renunciation, etc. entered in the public register.

(5) The remaining period shall be the period by which the ownership without any defect in documents is transferred.

(6) The establishment of personal D collateral security shall be made:

2.10. The rescission shall be made immediately upon the receipt of part payments;

(7) The seller shall succeed to the buyer or cancel the establishment of a new cooperative in Daegu (debtor E) 416 million won on his/her responsibility.

(8) No seller shall, in any case after the gold day, perform all acts of rights, such as security for creation, sale, etc.

(9) When the master craftsperson is treated as soon as possible, the purchaser shall immediately transfer the balance after handling it.

C. On January 28, 2014, the Defendants paid to the Plaintiff KRW 350 million for down payment, and KRW 150 million for intermediate payment on February 10, 2014, respectively. D.

On September 30, 2014, the Plaintiff paid the remainder after deducting KRW 30 million from the terms and conditions of the instant sales contract under Paragraph 2, to the Defendants, or the part payments received by the Plaintiff.

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