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(영문) 전주지방법원남원지원 2019.10.23 2019가단11112
소유권이전등기말소등기청구의 소
Text

1. The Defendant: (a) on February 25, 2019, the head of the Jeonju District Court and the head of the Suwon District Court with regard to the size of 116 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. On February 21, 2019, the deceased F (hereinafter “the deceased”) sold the instant real estate to the Defendant with the purchase price of KRW 10 million (hereinafter “instant sales contract”) at KRW 16,00,000,000 (hereinafter “instant real estate”), and on February 25, 2019, on February 25, 2019, the Jeonju District Court’s head registration office and registration office of the Jeonju District Court was completed on February 25, 2019 with respect to the instant real estate.

B. The Defendant did not pay the purchase price pursuant to the instant sales contract until April 30, 2019.

On May 10, 2019, the Deceased notified the Defendant that the instant sales contract will be rescinded (hereinafter “instant notification”) in the event that he/she fails to pay the purchase price upon urging the Defendant to pay the purchase price, and the notification was served on the Defendant on May 13, 2019.

C. The Deceased died on May 20, 2019.

(hereinafter referred to as “the deceased”). The Plaintiff’s spouse and the rest of the Plaintiffs are co-inheritors of the deceased as their lineal descendants.

[Grounds for Recognition] The main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act

2. According to the above findings of determination, the instant sales contract was lawfully rescinded by the Defendant’s failure to pay the purchase price pursuant to the instant sales contract within a reasonable period even after the Defendant was notified of the instant case.

Therefore, the Defendant is obligated to implement the procedure for cancellation of ownership transfer registration that completed with respect to the instant real estate by restoring to its original state following the cancellation of the instant sales contract.

The plaintiffs' claims are justified and accepted.

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