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(영문) 제주지방법원 2017.01.12 2016가합10007

소유권이전등기 등

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The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) On August 18, 2015, the Plaintiffs, a married couple, agreed to purchase the instant land owned by the Defendant’s agent E and the Defendant’s agent for KRW 2.130 million, and drafted a sales contract by lowering the sales amount to KRW 1.1 billion (hereinafter “instant sales contract”) with the following content:

2) In the sale of the instant land, the seller and the buyer agree to pay the purchase price as follows. The purchase price is KRW 1.1 billion: The balance remaining after payment is made at the time of the contract and the receipt is made: KRW 200 million: 90 million shall be paid in October 22, 2015. The seller shall cancel the outstanding payment by the date of the outstanding payment. If the seller or the buyer fails to fulfill the terms and conditions of this contract, the other party may demand in writing the other party and cancel the contract. In addition, the other party may claim damages arising from the cancellation of the contract, and the other party shall be deemed as the basis for compensation for damages, unless otherwise agreed. The special agreement provides that the seller shall obtain the permission to construct a family hotel on the instant land of this case and transfer ownership and transfer ownership after completing the construction permission. The building permission shall be made in the name of the buyer, and the seller shall make an application for the permission and provide all necessary documents to the seller, and the seller shall provide the seller with the intermediate payment of KRW 260 million to each E.1 billion.

B. On August 24, 2015, the Defendant revoked the registration of creation of a collateral security holder, forest community credit cooperative, and maximum debt amount of KRW 260 million, which was established on the instant land. (2) On November 12, 2015, the Defendant revoked the registration of establishment of a collateral security holder of a right to collateral security (hereinafter “right to collateral security”).