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(영문) 수원지방법원평택지원 2019.12.18 2018가합12072
소유권이전등기
Text

1. The defendant is paid KRW 150,000,000 from the plaintiff, and at the same time, he is about KRW 1,782 square meters to the plaintiff.

Reasons

1. Basic facts

A. On May 29, 2007, the Plaintiff entered into a sales contract with the Defendant, with the content that: (a) the Plaintiff purchased from the Defendant the entire land of Pyeongtaek-si Co., Ltd (hereinafter “instant land”); (b) KRW 1 billion; (c) the intermediate payment of KRW 750 million on May 29, 2007; and (d) the payment of KRW 150 million on September 19, 2007; and (e) the remainder of KRW 150 million on September 19, 2007, within 30 days from the date of announcement of replotting disposition (hereinafter “instant sales contract”).

B. On May 29, 2007, on the date of the conclusion of the instant sales contract, the Plaintiff paid the down payment of KRW 100 million to the Defendant. (2) On September 19, 2007, the Plaintiff agreed to pay the Defendant the down payment of KRW 200,345,205, out of the intermediate payment of KRW 750,000,000, the intermediate payment of KRW 750,000,000, the intermediate payment of KRW 200,345,205, by subrogation for the secured obligation of the right to collateral security against the association of the mortgagees established on the instant land, and to pay to E

On September 19, 2007, the Plaintiff paid KRW 200,345,205, and KRW 100,000 to D Association E, respectively, and on the same day, paid KRW 549,54,795 to the Defendant the remainder of intermediate payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the remainder of KRW 150 million from the plaintiff according to the sales contract of this case, except in extenuating circumstances, and to implement the registration procedure for transfer of ownership based on the sales contract of this case to the plaintiff at the same time.

B. As to this, the Defendant is obligated to pay the remainder within 11 years after the conclusion of the instant sales contract, so that the Plaintiff is obligated to pay legal interest or damages due to the delay, and the said obligation also exists with the Plaintiff’s obligation to pay the remainder and also with the Defendant’s obligation to transfer ownership.

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