beta
(영문) 대구지방법원 김천지원 2018.05.09 2017가단4078

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2016, the Plaintiff, a corporation engaged in real estate development, etc., entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on each real estate indicated in the separate sheet (hereinafter “instant real estate”) with the land of KRW 4,430 square meters in the Gu-si, Si-si, and divided into KRW 7,153 square meters in 7,153 square meters in 129 square meters in E miscellaneous land, which was divided into KRW 1,278 square meters in 1,278 square meters in 1,278 square meters in miscellaneous land; hereinafter “each real estate”). The main contents are as follows.

(1) The sales amount shall be KRW 400,000,000; the down payment of KRW 100,000,000 shall be paid at the time of entering into a contract; and the remainder of KRW 300,000,000 shall be paid within 30 days after obtaining construction authorization from the Gu and the Gu and the Gu and the Gu and the Gu

(2) Upon receiving the balance of the purchase price, the Defendant issued all documents necessary for the registration of transfer of ownership to the Plaintiff, and cooperate in the registration procedure. The delivery date of each of the instant land is within 30 days after the Plaintiff obtained the construction authorization from the Gu and the Gu.

(3) The defendant is responsible for the removal of a grave.

Building permission shall be granted in the name of the plaintiff, and all expenses incurred in building permission shall be paid by the plaintiff, and the defendant shall cooperate with the consent to use the site.

(4) If the plaintiff or the defendant fails to fulfill the contractual terms, the other party may notify in writing and rescind the contract.

In addition, damages due to the cancellation of contract may be claimed, and the amount of damages shall be considered as the basis for compensation for damages, unless otherwise agreed.

B. On December 9, 2016, the date when the instant sales contract was concluded, the Plaintiff paid the Defendant a down payment of KRW 100,000,000,000. On March 15, 2017, the Plaintiff obtained construction permission from the former and the former and the latter.

C. Since May 15, 2017, the Defendant notified the Plaintiff to pay the remainder to the Plaintiff and take over the registration procedure for transfer of ownership. On June 1, 2017, the Plaintiff obtained construction permission for each of the instant land from the Gu and the Plaintiff.