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(영문) 대전지방법원 2019.10.16 2018가합103222

납골당분양권확인 등

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On December 9, 2008, Defendant D obtained permission for the establishment of 121,390 charnel houses (hereinafter “the instant charnel”) in attached real estate from the head of Geumsan-gun, and received a certificate of completion of completion of report corresponding thereto.

Article 1 (Subject Matter of Sales Contracts)

1. A 1,056 square meters 1,000 square meters 1,021 square meters 2,021 square meters 3,021 square meters 3,021 square meters 1,000 square meters 1,000 underground of a charnel building

2. All rights and obligations incidental to the authorization, permission, and management of charnels on the same prosperity, as well as those under Article 2.

1. The purchase price shall be the sum of KRW 9,700,000 (Won 9,700,000,000) and the unpaid amount of the construction cost and the obligations of the I Bank J;

2. Method of payment;

(a)The down payment shall be one hundred million won (Won 200,000,000) and the "A" (referring to the defendant) shall receive it regularly;

The first intermediate payment shall be 300,000,000 won in lump sum.

(Matters agreed on the date of payment)

C. The second intermediate payment shall be one hundred million won (700,000,000) and shall be composed of an inner spats and other facilities necessary for the certificate of sealing.

The third part shall be one hundred million won per day (Won 1.00.000.000) and shall be paid within three months from the commencement date of the sales business.

(e) The fourth intermediate payment shall be one hundred billion won per day (Won 1,500,000,000), and shall be paid within six months from the date of commencement of sales business;

(f) The payment method of the balance shall be made only for 30,000 won in 20,000 won from the date on which the third intermediate payment is paid.

Provided, That when a sales contract is concluded before the date of the matters referred to in Article 2 (1) (b), the total amount of the sales contract shall be deposited to "A", excluding sales fees.

g. Upon entering into this Agreement, the establishment of an euthanasia, interior works, civil engineering works, landscaping works, and other facilities.

Article 3 (Succession to and Transfer of Obligations)

1. “A” shall transfer to “B” (G) the total amount of the I Bank obligations and the amount of the non-paid construction work in K (State) of the I Bank obligations (Won 2,300,000,000).