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(영문) 서울남부지방법원 2016.12.23 2016가단235897
소유권이전등기
Text

1. The defendant is jointly and severally receiving KRW 237.5 million from the plaintiffs and at the same time, each of the plaintiffs shall be listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 9, 2016, the Plaintiffs entered into a sales contract with the Defendant to purchase real estate (hereinafter “instant apartment”) listed in the attached list owned by the Defendant from the Defendant (hereinafter “instant apartment”) at KRW 1,047,50,000,000, and paid the down payment KRW 100,000 to the Defendant on the date of the contract.

The Plaintiffs and the Defendant agreed to substitute the Plaintiffs’ succession to the Defendant’s obligation to refund the rental deposit, and to pay the remainder KRW 4775 million on June 23, 2016, in lieu of the Plaintiffs’ succession to the Defendant’s obligation to refund the rental deposit.

B. On May 26, 2016, the Plaintiffs requested E to confirm that “The Plaintiffs may change the remainder payment date from June 23, 2016 to June 28, 2016 due to the schedule of overseas travel.”

E, after the defendant's denial and telephone conversations, viewed that the plaintiffs had changed the remaining payment date into June 28, 2016.

C. The Plaintiffs, around 14:00 on June 28, 2016, went to the E brokerage office to pay the remainder, but the Defendant did not appear.

On June 28, 2016, around 16:59, the Defendant agreed to pay the Plaintiff B the balance of KRW 477,55 million on June 23, 2016, and the Plaintiffs’ failure to pay the remainder without any justifiable reason is a serious breach of a contract. The Defendant sent a contract termination notice stating that the Plaintiffs would be able to receive the down payment immediately after the cancellation of the contract. The Defendant received the contract termination notice on June 29, 2016.

E. On June 29, 2016, the Defendant is “the instant collective security” from the date following the right to collateral security (the right to collateral security), the National Bank of Korea (the National Bank), the maximum debt amount of which is KRW 240 million, on the instant apartment.

On October 31, 2016, the secured obligation of the instant right to collateral security as of October 31, 2016 is KRW 200 million. (No dispute over recognition exists.)

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