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(영문) 제주지방법원 2018.06.11 2017가단59248
소유권이전등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on the sale on July 20, 2016.

Reasons

1. Basic facts

A. On July 20, 2016, the Plaintiff entered into a sales contract with the Defendant to pay the sales price of KRW 1,377,470,00 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and KRW 40,000, out of KRW 277,932,000, the down payment of KRW 237,932,000, the date of the contract, and the remainder down payment of KRW 237,932,00,00 until September 8, 2016 (hereinafter “instant sales contract”).

B. Meanwhile, at the time of the instant sales contract, the instant real estate was respectively set up a collateral security of KRW 660,000,000,000 for the mortgagee D and the debtor, the maximum debt amount, and KRW 300,000,000 for the mortgagee E, the debtor, and the maximum debt amount.

C. The Plaintiff paid the full payment of the down payment, but failed to prepare the balance on the payment date, and requested the Defendant to defer the payment date for up to two months.

However, on May 12, 2017, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on June 13, 2017, on the ground that the documents necessary for the registration of transfer of ownership (registration rights, identification cards, and seal imprints) were delegated to the F judicial scrivener office located in Seopo-si, Seopo-si, demanding the payment of the balance, and notified the Plaintiff on June 13, 2017.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence (including paper numbers), Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. (1) Upon the Plaintiff’s option, the Plaintiff succeeded to the collateral security obligation established on the instant real estate, and paid the remainder in full without paying KRW 550 million for the remainder, which remains after deducting the collateral obligation from KRW 1,099,538,000,000, or without succeeding the collateral security obligation.

Therefore, in order to cancel the sales contract of this case where the Defendant is liable to the Plaintiff, the Defendant voluntarily cooperates with him as necessary for the succession to the right to collateral security of this case or transferred ownership.

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