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(영문) 의정부지방법원고양지원 2016.04.19 2015가단88963

소유권이전등기

Text

1. The defendant is paid KRW 177,002,243 from the plaintiff and at the same time, the land specified in attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. On March 18, 2015, for the purpose of constructing a livestock processing plant, the Plaintiff purchased 1/2 shares of the land indicated below from the Defendant in the purchase price of KRW 475 million (hereinafter “instant sales contract”), and paid KRW 50 million to the Defendant as down payment on the date of the conclusion of the instant sales contract.

The number of real estate indicated in the table No. 1 is 2,314 square meters (hereinafter referred to as “one parcel of land”) for the purpose of indicating the number of real estate 2,314 square meters (hereinafter referred to as “one parcel of land”) for the purpose of "three m3 square meters (2,207 square meters or less for the purpose of 2,207 square meters or less for the purpose of land”).

2) Total contract area 2,421 square meters (2,314 square meters) x 1/2

B. Meanwhile, the Plaintiff and the Defendant determined the following in the instant sales contract.

§ 1. Prohibition against default

2. Contract deposit: 50 million won (payment on March 18, 2015).

3. Part payments: None;

4. Balance: Termination of a contract under Article 6 with the amount of KRW 425 million (payment on July 20, 2015).

3. Where the permission for factory location is not possible due to any defect in the land which is the object of this contract, this contract shall be naturally terminated and the down payment which has been received shall be immediately refunded to the buyer;

In addition, even if the approval of the location of a part of the land purchased is not possible due to the defect in the part of the land, it is possible to terminate the partial contract and return the price according to the ratio of ownership of the land.

C. The Plaintiff filed an application for approval of the establishment of a factory at the time of ancient cities, along with an agricultural company ro-mmm Co., Ltd. (hereinafter “the company purchasing the remaining 1/2 shares of each land from the Defendant”). On July 14, 2015, the Plaintiff obtained approval only on one parcel of land from Goyang-si on July 14, 2015, and did not obtain approval on two and three parcels of land on the ground that the land category was “the answer.”

On July 21, 2015, the Defendant divided the land indicated in paragraph (2) of the attached Table 1,001 square meters and the land indicated in the attached Table 2 at the request of the Plaintiff and the rom mm, respectively, at the request of the Plaintiff and the Defendant. The Plaintiff and the rom mm are remaining after the division.