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(영문) 대전지방법원천안지원 2015.02.06 2014가합100828

수분양자지위부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is the executor of the business (hereinafter “instant business”) that newly constructs and sells the building C on the land outside B and five parcels on the land outside the city of Ansan-si. The Plaintiff is a contractor for the construction of the instant building among the instant businesses that had been awarded a contract for the construction of the instant building from the re-security on March 28, 2003.

B. On April 28, 2004, the Defendant’s 4113 square meters (13.35 square meters of supplied area, 1.20 square meters of site area) of the instant 4th floor of the instant building from the re-security oil was the total amount of KRW 54,652,00, and the sum of the down payment, intermediate payment, and remainder amount of KRW 54,651,00,000, which is different from the total amount, but on the other hand, the entry in the

After being sold in lots, the sales contract was concluded to pay 10,930,000 won as down payment on the day of the contract, 5,465,00 won as part payment, and 16,396,00 won as of the date of the designation of the salesroom (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, arrears, management expenses, advance payment, etc. in full, and apply for the delivery of transfer of ownership to the re-security deposit within one month from the date the public book for re-security is completed, and shall complete the transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is

Article 8 (Entry Points and Business)

2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.

Article 15 (Termination of Contract)

1. Re-security may terminate this contract without due process, such as peremptory notice, in the following cases for the management of the contract:

(1)