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(영문) 대구지방법원 경주지원 2017.04.28 2015가합2959

근저당권말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are companies with the purpose of managing and operating industrial complex development, real estate sale, sales agency business, etc., and are the implementers of businesses developing and selling the two South-Nam general industrial complex in the first place located in the amount of set-off 12, Nam-si.

The defendant is a company whose purpose is the final disposal business, interim disposal business, etc. of wastes.

B. On November 12, 2013, the Defendant concluded a sales contract with the Plaintiffs and the Defendant for the sales contract (hereinafter “instant sales contract”) with the buyers as to the waste disposal facilities (area: 79,000 square meters, 23,897 square meters) located in the Yangnam General Industrial Complex No. 179 in Yangnam-si, Chungcheongnam-si, Yangnam-si, New-si.

(2) Article 1 (Ga) of the Sales Contract for the South-Nam General Industrial Complex (Evidence A) prepared at the time of the conclusion of the sales contract in this case refers to the following contents: The plaintiffs shall sell the land in this case to the defendant, but the sale price shall be KRW 9,58,800,000 (the sale price shall be KRW 400,000 per annum) Article 2 (Payment of Sale Price): The timing of the payment for the sale price is as follows.

Article 14 (Cancellation, Termination, etc. of Occupancy Contract) (The Plaintiffs may rescind this contract in the following cases: 500,000,000,000 from the date of transfer of the remaining land name of 1,50,000,000 remaining land of 5,000,000,000 of 1,200,000 (5,000,0000,000,000,000 of 5,000,000,000 of 5,000,000,000,000,000,000 after the completion of the five,5,000,000,000,000 of 1,20,000,000,000,000,000 of 1,358,800,000,000,000,00 won

① In the event that the Defendant did not pay the purchase price for at least two months, the contract is rescinded when the Plaintiffs did not pay the purchase price for a fixed period of up to 15 days, and the subscription price and the down payment are reverted to the Plaintiffs.

(2) When this contract is terminated, the defendant shall immediately.