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(영문) 부산지방법원 2018.02.22 2017가합44158

소유권이전등기

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1. The plaintiffs' primary claims are dismissed, and the conjunctive claim part of the lawsuit in this case is dismissed.

2...

Reasons

Basic Facts

A. The Plaintiffs are co-implementers of housing construction projects with the contents of constructing apartment houses on the land of Busan Dong-gu G (hereinafter “instant construction projects”), and the Defendants are owners of each real estate listed in the attached Table located within the said project zone.

B. Around November 30, 2005, Defendant D entered into an agreement with the Plaintiff Co., Ltd. (hereinafter “B”) on each real estate stated in Articles 2., 3. and 5,700,000 won on the following terms and conditions: (a) around December 30, 2005; and (b) around December 2005; and (c) around December 3, 2005, with respect to each real estate

In order to establish APT in real estate (tentative name I) of the above indication A, Defendant E: The following trade agreements are made between Plaintiff B’s representative director H and Party B. In order to establish APT in real estate (tentative name) of the above indication A.

- - sound;

1. A shall agree to B at the same time as this Agreement provides for matters necessary for approval for a project, such as district unit planning, construction deliberation, and traffic impact assessment;

2. Scheduled date of approval for the progress of the project: From November 2005 to November 30, 2006;

4. The total price of Gap’s house is the number of plane (65.94 square meters) ¡¿ KRW 5,700,000 per square meter = three hundred and seventy thousand nine hundred and seventy thousand won (375,858,00 won).

(including all the above-ground objects on the land). 5. B shall be purchased within two months after the approval of the project.

8. A and B shall not unilaterally reverse this Arrangement in compliance with each of the above matters and without mutual agreement, and if a person who has violated any of the above matters shall pay the other party a penalty of three million won and compensate for damages.

In addition, as to the land and building of a weak-disadvantaged Party A who violated each of the above matters, Eul shall determine the purchase price based on the officially announced land price, and pay (deposit) the weak-disadvantaged Party A, and transfer all authority and ownership over the land and building of the weak-disadvantaged Party A.

10. Provided, That the project approval-free Si shall become null and void between A and B; and

C. Defendant C.