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(영문) 대구지방법원김천지원 2016.06.16 2016가단1461
소유권이전등기절차이행
Text

1. The Defendant traded the Plaintiffs on December 30, 2015 with respect to the share of 1/3 of the 5th unit of forest land E in each Kimcheon-si.

Reasons

1. Basic facts

A. On October 17, 2015, the Plaintiffs: (a) purchased the land indicated in the order from the Defendant on October 17, 2015 at the price of KRW 420 million on October 17, 2015; (b) paid the down payment of KRW 42 million on the day; and (c) the remainder of KRW 378 million on the day; and (d) agreed to pay the remainder of KRW 20 million on December 20,

(hereinafter) According to Article 5 of the instant sales contract, the buyer may repay the remainder to the seller before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder), and the buyer may waive the down payment, and the buyer may rescind the said contract by giving up the down payment.

B. The Plaintiffs, on the day of the contract, remitted the down payment of KRW 42 million to the Defendant’s account, and subsequently additionally remitted KRW 50 million out of the remainder payment on October 22, 2015.

C. On November 20, 2015, the Defendant would cancel the instant sales contract with the Plaintiffs.

When informing the account number, a text message was sent to the effect that the down payment will be returned, and the plaintiffs cannot accept it to the defendant;

The text messages are sent to the effect that one month after the intermediate payment has passed. D.

On November 30, 2015, the Defendant deposited the said down payment of KRW 84 million in total and KRW 50 million, the sum of the Plaintiffs’ additional remittances by the Daegu District Court Decision 2015No. 8012, and KRW 134 million, and issued a certificate of the purport that the instant sales contract will be rescinded pursuant to Article 5 of the instant sales contract and Article 565 of the Civil Act on December 1, 2015.

Around December 9, 2015, the Plaintiffs are expected to pay the remainder to the Defendant in full, and the Defendant prepared documents necessary for the transfer of ownership and sent a certificate of the content that the place and time should be notified. On December 21, 2015, the Plaintiffs paid KRW 328 million for the remainder of 20 million.

[Ground of recognition] Facts without any dispute, Gap-4, Eul-2, the purport of the whole pleading

2. Both claims;

A. The plaintiffs A, through G, a kind of F restaurant that had a friendly relationship, are the plaintiffs A.

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