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(영문) 서울남부지방법원 2017.07.18 2016가단218687
부동산소유권이전등기말소 청구
Text

1. On March 2, 2016, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Seoul Southern District Court Gangseo-gu Branch of the Seoul Southern District Court.

Reasons

1. Facts of recognition;

A. On February 26, 2016, the Plaintiff and the Defendant, a South-win, donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant, and the Defendant entered into a charge-based donation contract that the Plaintiff pays KRW 80 million to the Plaintiff within 10 days from the completion date of the registration of transfer of ownership due to the said donation (hereinafter “instant donation contract”).

B. On March 2, 2016, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant on March 2, 2016 by the Gangseo-gu District Court of Seoul Southern District on March 2, 2016 as the receipt of No. 12139.

C. On March 30, 2016, when the Defendant did not pay KRW 80 million to the Plaintiff, the Plaintiff’s husband sent a content-certified mail to the Defendant, stating that “I would notify the Defendant to pay KRW 80 million by April 10, 2016 on behalf of the Plaintiff, because it is not good between the Plaintiff and the Defendant.” On April 1, 2016, the Defendant sent the message that I received the above content-certified to the Plaintiff.

Plaintiff

On April 19, 2016, an attorney sent to the Defendant a content-certified mail containing the content that the instant gift contract will be rescinded on the grounds of the nonperformance of the obligation to pay KRW 80 million, and the said mail was delivered on April 26, 2016 and returned for other reasons.

E. On April 21, 2016, around 09:35, the Defendant sent to the Plaintiff the phrase “to transfer KRW 80 million to the Plaintiff when sending the account number” around 10:41 on the same day, the Defendant received from the Plaintiff the word “a contract was already rescinded, and the contact was changed by an agent.”

F. On April 27, 2016, the Defendant deposited KRW 504,110,00 calculated at the rate of 5% per annum from March 13, 2016 to the date following the due date for payment, with the Plaintiff as the principal deposit in the Suwon District Court Pyeongtaek Branch Branch Branch of Suwon District.

[Ground of recognition] dispute.

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