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(영문) 수원지방법원 2015.08.25 2014가합67471

소유권이전등기

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff C)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

(c) The payment shall be made in installments according to progress;

(1) The term "F of A representative director" shall succeed to the term "authorization and permission" and "term loans (personal debts) in progress.

(2) The land price shall be 70% of the amount loaned according to the progress progress after the shipbuilding work, and 30% shall be paid to A.

(3) When the payment of land price is completed, it shall be that a transfer or acquisition is made as desired by the representative director F.

(4) A landowner (including a contractor) shall provide all documents necessary for authorization and permission or financing loans.

(5) Two parcels (No. 280 square meters) shall be transferred to C at the time of completion of land development.

(6) Any balance of 235,00,000 won out of the proceeds under a contract for type engineering design shall be paid 100 million won when a second loan occurs, and any balance shall be paid in installments at the time of loan occurrence.

(7) The balance of KRW 103,000,000, which includes part of civil engineering works, among the total amount of KRW 307,000,000,000, shall be paid in installments for the second loan.

8. Shares C 1.3 billion won shall be paid after prior consultation whenever a loan occurs.

* If the F is unable to carry out the project, the contract will be reversed.

On the other hand, around July 29, 2013, Defendant C concluded a sales contract with the Plaintiff (F at the time of the representative director) to sell each of the instant land in KRW 7,293,00,000 without Defendant B’s consent (hereinafter “instant sales contract”).

(No. 3 submitted by the Plaintiff was submitted with the deletion of the special agreement to reverse the contract when F does not carry out the construction work. However, the said special agreement is recognized by the entry of No. 5). After October 2013, the Plaintiff awarded a contract for civil engineering works on each of the instant land to Namyang Construction Co., Ltd. (hereinafter “Namyang Construction”), but the said construction was suspended until January 2014.

E. On October 8, 2013, with respect to the size of 24,950 square meters among the lands listed in the attached Table No. 1, among the land listed in the attached Table No. 1, there is a neighborhood living facilities in the tolerance market where the permitted owner is the same.