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(영문) 대구지방법원서부지원 2017.11.15 2017가단9064
소유권말소등기
Text

1. The part of the claim for cancellation of the registration of establishment near the lawsuit in this case shall be dismissed.

2. The defendant shall attach attached Form to the plaintiff.

Reasons

1. Basic facts

A. On May 30, 2016, the Plaintiff sold each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant at KRW 850 million. Of the purchase price, the Plaintiff agreed to pay the down payment of KRW 390 million on the date of the contract, the intermediate payment of KRW 150 million on August 16, 2016, and the remainder of KRW 310 million on September 9, 2016, respectively.

(hereinafter “instant sales contract”). B.

On July 18, 2016, before receiving the purchase price pursuant to the instant sales contract, the Plaintiff completed the registration of ownership transfer on the instant real estate from the Daegu District Court Seo-gu District Court’s Seo-Support Registry’s receipt on July 18, 2016 (hereinafter “instant registration of ownership transfer”). On the same day, the Defendant completed the registration of ownership transfer on July 18, 2016, under Article 6846 of the same registry office’s receipt on July 18, 2016, with respect to the said real estate, KRW 516 million with maximum debt amount, KRW 516 million with respect to the said real estate, and was loaned from the Nonghyup Bank Co., Ltd. (hereinafter “instant registration of ownership transfer”).

C. Around that time, the Defendant paid only KRW 310 million out of the down payment under the instant sales contract to the Plaintiff, and did not fully pay the remainder of the agreed intermediate payment and the remainder payment.

Accordingly, on October 26, 2016, the Plaintiff paid the remainder of the sales price pursuant to the instant sales contract within 10 days from the Defendant, but fails to comply with such payment, the Plaintiff would reinstate the ownership of the instant real estate.

“Preparation and delivery of a letter containing the contents, but the Defendant failed to pay the purchase price by the agreed date, and urged the Defendant to pay the purchase price by December 31, 2016 through content-certified mail on December 27, 2016, and the Defendant’s failure to pay the purchase price to the Defendant on January 9, 2017.

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