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(영문) 광주고등법원 2020.07.15 2019나25317
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 18, 2018, the Plaintiff’s husband C was directly involved in the conclusion of the Defendant’s representative D Plaintiff’s contract, D’s payment and method of the purchase price, discussions on the transfer of ownership of the instant vessel, and notification of the cancellation of the purchase and sale contract.

The subject of each act below is the plaintiff and the defendant for convenience.

B. Around October 19, 2018, the Plaintiff’s name as the buyer was the Plaintiff’s F, the Defendant purchased the vessel listed in the separate sheet (hereinafter “instant vessel”) from the Defendant, with the purchase price of KRW 1.95 million; the down payment of KRW 300 million was concluded on October 19, 2018; and the intermediate payment of KRW 1 billion was paid KRW 650 million on November 30, 2018; and the remainder of KRW 650 million was paid on March 31, 2019 (hereinafter “instant sales contract”).

(However, the sales contract was prepared as of October 19, 2018; hereinafter “sales contract as of October 19”). Article 3 of the instant sales contract provides, “The seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser at the same time as the balance of the purchase price is received, and cooperates with the registration procedure, and shall be deemed as a clerical error in the “ship” of the said real estate. Article 5 provides, “The seller shall deliver all documents necessary for the ownership (registration) and shall deliver all documents to the buyer at the time of receipt of the balance, and shall cooperate with the buyer in the registration of transfer.” As a special agreement, the seller provides, “The seller shall deliver all documents necessary for the ownership (registration) and shall cooperate with the buyer at the time of receipt of the balance.”

In addition, Article 6 of the sales contract of this case provides that the seller shall reimburse the amount of the down payment in the event of a breach by the seller, and the buyer shall waive the down payment and not claim the return of the down payment in the event of a breach.

The term "" is defined as ".

B. On October 19, 2018, the Plaintiff paid KRW 100 million to the Defendant as part of the down payment out of the instant purchase price.

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