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(영문) 대구고등법원 2016.01.12 2015나20767
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 6, 2007, the Plaintiff: (a) purchased each real estate (the “instant real estate 1”; (b) the real estate indicated in the attached Table No. 210,194 square meters of forests and fields B in Daegu-gun-gun-gun-gun-gun-gun-gun-gun; (c) the real estate indicated in the attached Table No. 1 was divided into each of the above real estate; (d) KRW 6.5 billion; and (e) purchased each of the instant real estate listed in the attached Table No. 2 in the attached Table No. 6.1; and (e) agreed to pay the down payment KRW 1 billion on the date of the contract; and (e) the remainder of May 30,

(hereinafter “instant sales contract.” However, if the contents of the instant sales contract are specifically examined, with respect to the instant real estate No. 1, a sales contract (Evidence No. 1) was prepared on March 6, 2007, which provides that the buyer, the Plaintiff, the purchase price of KRW 6.2 billion, and the down payment of KRW 9.5 million among them, shall be paid on March 6, 2007, and the remainder of KRW 5.25 billion shall be paid on May 30, 2007, respectively. As to the instant real estate No. 2, the sales contract (Evidence No. 1) was prepared on April 11, 2007, and the purchase price of KRW 30 million was paid on April 11, 2007, and the remainder of KRW 250 million was paid on May 30, 2007 (Evidence No. 4).

(hereinafter referred to as “each sales contract of this case”

On the day when the Plaintiff entered into the instant sales contract, the Plaintiff paid the down payment of KRW 1 billion to the Defendant, and the remainder of KRW 5.5 billion was not paid not only on May 30, 2007 agreed, but also on the day of closing argument of the instant case.

C. On June 1, 2007, the Defendant urged the Plaintiff to pay the balance by June 10, 2007, and the Plaintiff failed to perform this. As the Plaintiff sent a certificate of content indicating the intent to cancel the instant sales contract on June 12, 2007, and around that time, the content certification reached the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 3-1, 2, and 5-1, 2-5-2, Eul evidence 1, 2-2, and 2-1, 2, 3-3.

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