소유권이전등기말소 등
1. The part against the defendant in the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the above part is revoked.
1. Basic facts
A. On March 10, 2006, Defendant B, who entered into a sales contract between the Plaintiff and Defendant B, purchased Goyang-gu E 738 square meters (hereinafter “instant land”) in Goyang-gu E and the unbuilt building that was being newly constructed on the ground (the third floor of the entire 11th floor was in progress at the time of completion; hereinafter “instant building”) and carried out the construction of the instant building.
On March 21, 2008, the Plaintiff entered into a contract with Defendant B to purchase the instant land and buildings (at the same time, up to eight floors from total 11 floors) on the following terms (hereinafter “instant sales contract”).
The Plaintiff paid the down payment of KRW 500 million to Defendant B according to the instant sales contract.
Article 1 The Plaintiff shall pay the purchase price of the above real estate as follows:
The remainder of KRW 8 billion down payment of KRW 500 million ( KRW 200 million on the date of conclusion of the contract, KRW 300 million on April 21, 2008) shall be paid within one month after the completion of new building on the ground of the instant land.
Article 2 The Plaintiff may request the preferential transfer of the instant land to resume the construction of the instant building at the same time as the contract is concluded, and the Defendant B shall receive the full purchase price and deliver all necessary documents to the buyer for the registration of transfer of ownership.
Where an act falling under any of the following subparagraphs has been committed, the sales contract of this case shall be automatically terminated without a separate peremptory notice, and the plaintiff shall waive the down payment and pay it to the defendant B as damages.
2. Where the full purchase price is not paid to Defendant B by the balance date.
3. Where the above real estate is used for a purpose other than that of use before the registration of transfer of ownership, or the sale, lease, or transfer thereof to another person without the approval of the defendant B, the contract is terminated pursuant to Article 2 and Article 4 of the Special Agreement with the plaintiff and the plaintiff.