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(영문) 수원지방법원성남지원 2013.01.30 2012가합5700

소유권이전등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff on January 9, 2003 attached Form

2. Defendant B, who represented the owners of each real estate listed in the list (hereinafter “instant real estate”) (as to the instant real estate owned by Defendant B, the Plaintiff purchased the instant real estate at KRW 4,500,000,000, and the down payment at KRW 450,000,000 and the intermediate payment at KRW 550,000,000 were concluded, and the following agreements were concluded:

For convenience, all matters of permission for damage to forests and permission for diversion of grassland are referred to as A.

Article 2 (Matters of Special Agreement) (a) At the same time as a sales contract is entered into, and seven parcels (E, F, G, H H, I, and J) other than D farm land shall be registered to a person requested by the buyer.

(b)At the same time as this contract is executed, the seller shall promptly issue all necessary documents (including written consent to land use, written consent to the use of the secured road, etc.) to A as required by the buyer.

ⓘ 매도인은 A가 완료되기 전이라도 매수인이 요구할 시 전체 토지 대금의 평수를 환산하여 토지대금이 지불되었을 시 소유권 이전에 필요한 제반 서류를 발급하여 준다.

ⓞ 매수인은 상기 토지의 A가 완료되는 시점에 분할이 수반되는 경우에는 분할 후 허가서를 매수인과 은행에게 제출하였을 시 즉시 토지 지분만큼의 토지 대금을 매도인(은행 기표시 위임자 인)에게 지불한다.

1) 50% upon completion of the authorization and permission, and 50% upon completion of the construction permission shall be paid. 2) When 50% of the completion of the authorization and permission is paid, prior defects shall be cancelled.

B. On January 10, 2003, the Plaintiff paid KRW 1,000,000 to Defendant B as down payment and intermediate payment. On August 21, 2003, the Plaintiff lent KRW 400,000,000 to the said loan in lieu of a partial payment of the purchase price under the said sales contract.

C. The seller of the above sales contract is from K, and ① on June 18, 2004, this case.