소유권이전등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 24, 2016, the Plaintiff entered into a contract with the Defendants under which the Plaintiff would purchase each share of each of the respective lands listed in the separate sheet owned by Defendant C, D, and E (hereinafter “each of the instant lands”). On the date of the contract, the Plaintiff paid KRW 50 million down payment to the Defendants on the date of the contract.
B. At the time of the instant contract, the Plaintiff and the Defendants agreed to the effect that “the Plaintiff shall pay the Plaintiff a building after obtaining a building permit under the name of the Defendants on each of the instant land through loan or sale, and the Defendants shall cooperate with the provision of documents necessary for the construction act, and the Plaintiff shall bear the total construction cost, etc. in the course of the construction act and notify the construction business operator or the workers of the cost, etc. entered in the construction process to the Defendants in advance.” The details of the agreement were stated in the instant contract as a special agreement, such as attached Form 2.
C. The instant contract contains a statement that “A shall compensate for the authorization and permission and other general expenses incurred in down payment and development activities, construction costs, and damages incurred to B in the event of a breach of contract. In the event of a breach, B shall waive the down payment and not claim for the return thereof (Article 4).”
On March 5, 2016, the Defendants entered into a contract under which the non-party company would receive a contract for multi-household construction work on each of the instant land (hereinafter “instant contract”).
The above contract agreement was accompanied by the "general terms of the standard contract for private construction works" composed of 42 provisions, and thereafter, at the bank designated by the non-party company as the owner and the land owner as shown in the attached Table 3.