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(영문) 수원지방법원 평택지원 2017.01.12 2016가합891

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. C around August 18, 2006, for the purpose of the construction of a golf course, purchased each real estate listed in the attached Table 2 list between D, Defendant, E, F, G, and H, one of his relatives, in the amount of KRW 25 billion, and this Agreement entered into a contract with the parties to enter into the contract until October 16, 2006, and paid KRW 200 million to E as the down payment.

Article 2 (Purpose, etc. of Contracts) In carrying out new projects due to the construction of golf courses, buildings and other auxiliary facilities or the modification of business objectives on the above real estate, Gap and Eul shall mutually cooperate and perform their duties so that the said projects can be smoothly promoted on the basis of mutual trust.

Article 3 (Sales Price and its Method of Payment) (1) Sales price shall be 25 billion won.

1.The down payment shall be 2.5 billion won, and 200 million won paid at the time of the provisional contract shall be a part of the down payment.

2. The intermediate payment shall be KRW 2.5 billion and shall be paid until January 31, 2007.

Provided, That the date of payment may be changed if there is a justifiable reason.

3. The balance shall be paid simultaneously with the delivery of documents necessary for the transfer of registration of sale and purchase land, etc. within one month after the authorization and permission for the buyer’s implementation of the project and other business promotion is completed.

(2) Where the settlement of the purchase price A and B, even after the payment of the purchase price, are deemed to have a significant difference in the size of land, etc. and if it had been known in advance, they would not enter into a sales contract with such money, the settlement of accounts shall be based on the principle of fairness and fairness.

Article 4 (Delivery of Real Estate, etc.) (1) A shall deliver real estate for sale purpose to B simultaneously with the receipt of any balance.

Article 5 (Obligation A) (1) In order to achieve the purpose of business at an appropriate time even before the payment of balance, B may promote all the affairs, such as the adjustment of the register of real estate, authorization and permission, land transaction permission, land trust, etc. on the above land, and A shall have his/her own right.