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(영문) 서울중앙지방법원 2019.01.30 2018가합533169
소유권이전등기
Text

1. The Defendant’s sale of real estate indicated in the attached list to the Plaintiff is based on January 26, 2018.

Reasons

1. Basic facts

A. On November 10, 2015, the Defendant entered into a sales contract with C Apartment Housing Reconstruction Association with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer on April 24, 2018.

B. On January 26, 2018, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 740,000,000 for the instant real estate (hereinafter “instant sales contract”). Of the purchase price, KRW 135,000 for the down payment of KRW 20,000 for the contract and intermediate payment of KRW 20,000 for the remainder payment of KRW 585,000 for the contract on February 28, 2018 and March 17, 2018, the Plaintiff and the Defendant agreed to succeed to the legal relationship between the Defendant and the lessee and to succeed to KRW 440,00 for the deposit.

C. The Plaintiff paid the down payment on the day of the instant sales contract.

On March 20, 2018, the Defendant sent to the Plaintiff, on March 20, 2018, a content-certified mail containing the content that “The Plaintiff refused to pay the intermediate payment and the remainder on March 17, 2018, which is the date of the payment of the remainder, thereby failing to implement the instant sales contract, and thus, notifies the Plaintiff that the instant sales contract was cancelled due to the Plaintiff’s cause attributable to the Plaintiff (hereinafter “instant rescission notice”). At that time, the Defendant

On March 27, 2018, the Plaintiff’s agent sent to the Defendant a content-certified mail containing the following: “In order to pay intermediate payments on the date of mid-to long-term payment, however, the account in the name of the Defendant was deposited and controlled, and the Defendant did not receive intermediate payments and balance thereafter.” The Plaintiff’s agent sent the content-certified mail containing the following: (a) the method of receiving intermediate payments and balance, and the method of transferring ownership.”

E. On April 12, 2018, the Plaintiff: (a) based on the Defendant’s refusal to receive the purchase price based on the instant sales contract, the Plaintiff was the cause of deposit; and (b) as the deposit account, the Defendant was KRW 20,000,000 of the intermediate payment of the instant sales contract under the Seoul Central District Court (Seoul Central District Court Decision 9063, Apr. 12, 2018; and (c) on November 27, 2018, the Seoul Central District Court

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