(영문) 수원지방법원안양지원 2019.07.04 2019가단447

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(영문) 수원지방법원안양지원 2019.07.04 2019가단447

소유권이전등기말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 2, and 5, together with the whole purport of the pleadings.

On August 4, 2014, the Plaintiff entered into a contract with the Defendant to sell the price of KRW 741 square meters (hereinafter “instant land”) in the amount of KRW 88,00,000,000 (hereinafter “instant sales contract”), which is owned by the Plaintiff, with the following special terms.

1. Direction-setting for disposal of graves;

(a) The 15 million won out of the purchase price of the above real estate shall be paid to the seller immediately when the purchaser has taken the security deposit for the rearrangement of graves, and when the above real estate is located outside the boundary line after a cadastral survey, the 15 million won kept by the purchaser of a charnel deposit shall be paid to the seller;

B. Where the above real estate is located in the boundary line after a cadastral survey and the cemetery area occupies more than four square meters, the 15 million won kept by the purchaser shall be paid to the seller after the transfer (the period of transfer shall not exceed 10 years).

2.The costs associated with the above special agreement shall be paid by the seller in full.

B. The Defendant paid to the Plaintiff the remainder of KRW 73 million, excluding the remainder of KRW 15 million as the down payment under the instant sales contract, and on August 13, 2014, the Plaintiff completed the ownership transfer registration based on the instant sales contract (hereinafter “instant ownership transfer registration”) under the receipt of the Gyeyang District Court’s Gyeyang Branch’s Gyeyang Branch Branch’s receipt of the instant land by the Defendant on August 13, 2014.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) On April 5, 2017, the Plaintiff completed the transfer of a grave on the instant land, and filed a claim with the Defendant for payment of the remainder KRW 15 million. The Defendant refused to pay the remainder without justifiable grounds.

Accordingly, the Plaintiff cancels the sales contract of this case, and seeks the Defendant to cancel the transfer registration of this case.

(2) After the conclusion of the instant sales contract by the Defendant.

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