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(영문) 광주고등법원 2016.07.22 2016나10291
소유권이전등기
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

Basic Facts

The purchase price: 40 million won (in the event of a contract, the amount of KRW 30 million shall be KRW 40 million in the first intermediate payment of KRW 40 million on February 28, 2014; KRW 30 million in the second intermediate payment of KRW 30 million on August 31, 2014; KRW 30 million in the third intermediate payment of KRW 30 million on November 30, 2014; and KRW 270 million in the remainder of KRW 200 million on April 30, 2015) Article 2 (Transfer, etc. of Ownership) of the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and cooperate with the registration procedures, and the delivery date of the said real estate (land of this case) shall be April 30, 2015.

Paragraph (2) of the special agreement: A collateral mortgage (the maximum bond amount of KRW 360,000,000,0000,0000,0000 won, the debtor, Cmortgage, and Gwangju Mine Credit Union) in the copy of the register perused at the time of the contract shall be repaid by the buyer on the balance date, and all expenses incurred in repayment and cancellation shall be the seller's

A. On September 2, 2013, the Plaintiffs entered into a contract with the Defendant to purchase 535 square meters (hereinafter “instant land”) of the Dong-gu Seoul Special Metropolitan City D parking lot (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

B. According to the instant sales contract, the Plaintiffs paid each of the Defendant KRW 30 million for down payment on September 2, 2013, KRW 40 million for the first intermediate payment on February 28, 2014, KRW 30 million for the second intermediate payment on August 28, 2014, and KRW 30 million for the third intermediate payment on November 30, 2014.

[Ground of recognition] The determination as to the claim for the transfer registration of ownership in the whole pleadings and the fact that there is no dispute, Gap evidence 1-2, Gap evidence 3 and 4 (including each number; hereinafter the same shall apply)

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiffs, unless there are special circumstances.

B. The Defendant’s assertion 1) The rescission of the contract due to delay of performance (1) is the Defendant’s payment date of April 2015, which is the remainder payment date.

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