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(영문) 대구지방법원김천지원 2015.08.28 2015가합15194

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants shared the shares of Defendant B, D, 1,765.33/5,296 shares, Defendant C1,765.34/5,296 shares, and shares of F miscellaneous land at the share of 1,460 square meters, F 3,685 square meters, G miscellaneous land, 641 square meters, and 608.83 square meters of a prefabricated office building on the above F F Miscellaneous land (hereinafter only with a parcel number).

B. On October 6, 2010, the Defendants concluded a real estate sales contract with the Plaintiff (the former trade name: H Co., Ltd. and I Co., Ltd.) to sell KRW 1,026 square meters out of E’s land, KRW 2,556 square meters out of F’s land, and KRW 1.6 billion out of F’s land.

(hereinafter “instant sales contract”). C.

In addition, the Plaintiff and the Defendants added the following special terms and conditions to the instant sales contract (hereinafter “instant special terms and conditions”) to the sales contract, while the Plaintiff and the Defendants decided to sell the remaining parts of the instant sales contract among E and F land and G land, which is neighboring land (hereinafter “each of the instant land”), in the future:

【Matters under special agreement (Evidence 1)] The monthly rent shall be 5,500,000 won when leasing part of the leased site G, F, and E.

The time of the payment of rent is the condition that the household building will be paid after the completion of the building (one year) and the G-prefabricated building will be relocated.

The <1> 1.1 year E> after the building permit: 1.7 million won per average price at the time of purchase within three years; 1.8 million won for not more than six years; and 2.0 million won for not more than nine years. If 30% of the remaining site is not purchased for three years, the monthly rent shall be raised by 100% for a period of not more than 3 years.

E, the lessor may remove the remaining land without the consent of the lessee if the building is left unattended without completion of the building, and the lessor shall not be held liable for civil or criminal liability.

If the building permit is not granted, this transaction shall be restored to its original state and the price shall be returned.

The Defendants, on October 26, 2010, excluded from the instant sales contract among E and F land on October 26, 2010, are the remainder of JJ 434 square meters and K miscellaneous land 1.