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(영문) 광주지방법원 2015.04.17 2014나7854

부동산인도 등

Text

1. To dismiss the principal suit of the Plaintiff (Counterclaim Defendant) whose exchange has been changed in the trial of the party.

2. Judgment of the court of first instance;

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. Plaintiff A, B, C, and D are co-owners of the instant real estate and Plaintiff E are the owners of the instant real estate, and Plaintiff A is the following:

It is the permitting authority for permission to collect earth and stones listed in Article 1.

B. On January 22, 2013, Plaintiff A entered into a contract for permission to collect earth and stones and land purchase and sale (hereinafter “instant contract”) with the Defendants and J (Buyer) on behalf of the rest of the Plaintiffs as follows.

Article 1 (Permission to Collect Earth and Stone and Indication of Land): The permission to collect earth and stones of the instant real estate: The remainder of KRW 390,000,000 per day gold 2,00,000 (3) shall be paid from October 12, 2007 to July 30, 2014 (including the transfer of permission to use a water nursery place) the permission to collect 169,550 cubic meters from October 12, 2007 to July 30, 2014 (including the transfer of permission to use a water nursery place): The sale price of KRW 590,00,000 per day gold : The remainder of KRW 390,00,000 per day gold : the remainder of KRW 390,00,000 and May 30, 2013.

However, if there is a change in the buyer's financial situation, the seller (the plaintiff, hereinafter the same shall apply) and the buyer may re-Adjustment the payment date of the balance after consultation.

Article 3 (1) (Transfer of Ownership) (1) Any seller shall provide the buyer with all documents necessary to transfer ownership while receiving any balance, and shall transfer the permission to collect earth and stones and the name of two lots of land.

Provided, That where the transfer of ownership is separately determined between the seller and the buyer, it shall apply.

(2) The date when the name of permission to collect earth and stones is transferred: on May 30, 2013, land shall be transferred on the date when any balance is received.

Article 5 (1) A seller shall provide a purchaser with a written consent to the use of land for the instant 2 real estate necessary for the additional permission to collect earth and rocks after entering into this Agreement. (2) A buyer shall bear the costs of measurement and design required for the additional permission to collect earth and rocks, neighboring residents’ consent, and all other expenses necessary for the permission.