beta
(영문) 수원지방법원 2020.04.29 2017가합20725

소유권말소등기

Text

Defendant B Co., Ltd. shall pay 855,400,000 won to the Plaintiff and 5% per annum from August 29, 2008 to April 29, 2020.

Reasons

(b)in accordance with the following terms, the sales contract will be entered into:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to purchase the Plaintiff’s real estate and to promote “development projects” planned by Defendant B.

Article 2 (Opening of Development Projects)

1. Business name: A development project of H apartment complex;

2. Site area: approximately twenty-eight thousand square meters;

3. Object business: The sales amount of the real estate mentioned in Article 4 (Sales Price) shall be KRW 1,22,000,000 won per day (Won 1,22,00,000).

Article 5 (Conditions for Payment of Sales Price) The amount calculated by subtracting the down payment of KRW 366,60,000 from the balance of cash intermediate payment of KRW 855,540,222,000,000 for the payment of the former portion of the down payment of KRW 855,40,000 for the remainder payment of KRW 366,60,000.

The phrase “855,540,000 won”, which is described as several, appears to be a clerical error in the “855,400,000 won”.

On August 28, 2008, the phrases within 35 days after the approval of the cash project are printed in the same text.

* Provided, That if there is a change in the progress of the development project in accordance with the circumstances of the relevant agency, the remaining payment date may be consulted with the Plaintiff and the Defendant B.

Article 8 (Liability for Disposition of Land and Inspection, etc.) (1) Within the remainder payment period prescribed in Article 5 after the conclusion of this sales contract, the Plaintiff must complete the Plaintiff’s full order so that it does not interfere with the use of the real estate by Defendant B by taking and transferring any ground property, such as a house, factory, warehouse, etc. on the ground of the subject matter to be sold, to the Plaintiff and at its own expense within the remainder payment period prescribed in Article 5. The ownership of the real estate sold under Article 9 (Transfer of Ownership) shall be transferred to Defendant B or to the person designated by Defendant B after paying the balance. The Plaintiff, Defendant B, Defendant D Co., Ltd. (former trade name before the change: I

B) As to the instant real estate as of May 29, 2008, the truster, Defendant D’s trustee, Defendant B, and the first beneficiary are J Co., Ltd. (hereinafter “C”).