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(영문) 청주지방법원 2021.03.18 2020가단29095
소유권이전등기
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On May 8, 2020, internal directors D, the representative of the Plaintiff, concluded a provisional contract to purchase apartment units listed in the separate sheet owned by the Defendants (hereinafter “D”) between the Defendants and the Defendants, under the brokerage of an individual individual among real estate, at KRW 350,000,000, out of KRW 35,000,000, as the date of the provisional contract, they transfer the remainder of KRW 15,00,000 to each account on the date of this contract, and this contract was concluded before May 29, 202. The seller paid the remainder of the purchase price to the Plaintiff within September 10, 202, and the buyer paid the purchase price to the Plaintiff for KRW 35,00,000,000,000 to KRW 30,000,000,000 to KRW 15,000,000,000,000 to KRW 25,000,000.

was made.

[Grounds for recognition] Evidence No. 1, witness E's testimony, purport of the whole pleading

2. The parties' assertion

A. Plaintiff 1) After the conclusion of the instant provisional contract, the Plaintiff increased the sales amount at the request of the Defendants, and concluded that the sales contract was concluded between the Plaintiff and the Defendants.

Therefore, the Defendants are obliged to perform the registration procedure for the transfer of ownership with respect to the pertinent apartment in this case’s share to the Plaintiff.

2) The Defendants did not provide lawful performance to cancel the cancellation fee on May 16, 2020.

The Plaintiff and the Defendants agreed to reimburse the amount of 10% of the purchase price when the Defendants cancel the contract with the final increase of the purchase price.

B. Defendants 1) The Defendants are D and this.

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