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(영문) 서울고등법원 2014.09.25 2013나51775

토지인도등

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1. The part concerning the counterclaim in the judgment of the court of first instance shall be modified as follows.

Counterclaim Defendant (Counterclaim Plaintiff) is a counter-party.

Reasons

1. Basic facts

A. On July 29, 2008, the Plaintiff: (a) sold KRW 1,427 square meters out of KRW 1,209,60,000 among the 1,207 square meters of the 1,570 square meters of the subdivision in the land transaction permission zone to the counterclaim Defendant on July 29, 2008 (hereinafter “the land before subdivision”); (b) paid the intermediate payment of KRW 350,000,000 on the date of the contract; and (c) paid the intermediate payment of KRW 350,000 until August 31, 2008; (d) the seller shall pay the remainder of KRW 614,60,000 within one month after resolving the unauthorized building installed on the above land; (e) the seller shall transfer the previous unauthorized building, if the previous unauthorized building was removed, the seller shall transfer the land category to the previous unauthorized building; and (e) the buyer shall cancel the sales contract within 15 months from the contract date.

(hereinafter “instant contract”). (b)

On September 28, 2009, the land before subdivision was divided into 1,390 square meters for D maintenance and 180 square meters for E maintenance. On October 14, 2009, the Lessee and the Counterclaim Defendant entered into an agreement that a total of 1,418 square meters for G maintenance (1,390 square meters for 24 square meters for 1,390 square meters for 24 square meters for H maintenance and 44 square meters for 24 square meters for 24 square meters for 290 square meters for land subject to sale under the instant contract, with the determination of the land subject to sale, the period for solving the problem of existing unauthorized buildings shall be extended until April 29, 201, and the balance shall be paid in accordance with the sales balance (hereinafter collectively collectively referred to as the “instant sales contract”). The result of the measurement was determined as KRW 1,201,000 for the purchase price.

Meanwhile, on August 30, 201, the area of 1,390 square meters for the maintenance of D in Sungsung-si is merged with 24 square meters for G maintenance and 4 square meters for H maintenance, and the order No. 1 is attached thereto.

land described in subsection (1)

(A) The land described in Section 1-A (hereinafter referred to as “instant land”). C.

Pursuant to the instant sales contract, the counter-defendants are as follows: 250,000,000 as the down payment on July 29, 2008; 350,000,000,000 as the intermediate payment on September 12, 2008; and 601,000 as the remainder payment on April 1, 2010.