logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2020.01.10 2019가합101994
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2015, C and the Defendant concluded a sales contract with the Defendant on July 10, 2015, when entering into a sales contract with the content that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”, and the real estate listed in paragraph (3) of the separate sheet among the real estate listed in the separate sheet (hereinafter “D Forest”) is purchased at KRW 2 billion, the amount of KRW 50 million out of the down payment is paid at the time of the contract, the remainder of KRW 150 million shall be paid at September 25, 2015, respectively, and the remainder of KRW 1.8 billion shall be paid on January 15, 2016.

On the other hand, C paid a sum of KRW 200 million to the Defendant.

B. On August 1, 2016, the Plaintiff and the Defendant entered into a sales contract (i) on August 1, 2016, C prepared to the Defendant on August 1, 2016, “a letter of termination of a real estate sales contract and a letter of commitment to transfer down payment (Evidence A 4) that contain the following:

- On July 10, 2015, C concluded a sales contract with the Defendant for each of the instant real estate and paid a down payment of KRW 200 million, but intends to cancel this contract due to its own circumstances.

- The promise to transfer the down payment 200 million won paid by C to the new purchaser of each of the instant real property and does not raise any objection thereto in the future.

B. On August 1, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase each of the instant real estate at KRW 2 billion (hereinafter “instant sales contract”) as follows: ① KRW 200 million is to be paid to the Defendant as the down payment paid by C on July 10, 2015; ② The remainder KRW 1.8 billion is to be paid to the Defendant on August 12, 2016.

Article 2 (Transfer of Ownership) The seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the purchaser and cooperate with the registration procedure, and the delivery date of the said real estate shall be August 12, 201

[Matters of Special Agreement]

1. Where a buyer's loan is executed on a temporary basis before the payment date of the balance, the balance shall be deemed the payment date, and if the balance is known by the payment date of the balance, the following day;

arrow