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(영문) 서울중앙지방법원 2019.03.13 2018가합551822

근저당권말소

Text

1. The part concerning the claim for the confirmation of the existence of an obligation in the principal lawsuit of this case shall be dismissed.

2. For the Plaintiff (Counterclaim Defendant):

A. Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant D is a corporation with the objective of real estate development business, etc., and the Plaintiffs are the owners of the instant land.

B. On February 17, 2011, Defendant D, who promoted an urban development project (hereinafter “instant project”) in the Gdong-dong and Hdong-dong (hereinafter “instant project site”), signed a sales contract with the Plaintiffs to purchase the instant land and its ground obstacles (hereinafter “instant obstacles”) located in the instant project site from the Plaintiffs (hereinafter “instant sales contract”) totaling KRW 2,447,60,000 (i.e., land price of KRW 2,377,60,000 (hereinafter “instant obstacles”)

The following are applicable to the content of the instant sales contract.

This conditional real estate sales contract was concluded between "A" (the plaintiff, hereinafter the same shall apply) and "B (the defendant D; hereinafter the same shall apply)" (the same shall apply), the seller, for the purpose of promoting an urban development project in the Gdong-gu and Hdong-dong, Busan Metropolitan City, and "A" and "B" shall refer to the implementation of this Agreement in accordance with the good faith principle.

Article 2 (Sales Price and Payment Schedule) (2) Payment schedule shall be determined as follows:

Until three months after the designation of a district (1,545,440,000 district) at the time of entering into an agreement on cash payment of 70,000,000 agreement with 10% of the total amount of cash payment (10% of the contract (agreement) and obstacles thereto (237,760,000,000, the total amount of cash payment shall not be more than 65% of the payment,545,440,000, or more than 15 months from the date

The balance 25% 594,400,000 shall be the aggregate of 100% 2,447,600,000 within three months after authorization of a land substitution plan: Provided, That if the requirement for consent to the designation of a district under the Urban Development Act is not satisfied, "A" shall return the paid principal (other than interest liability) to "B".

(3) "A" and "B" shall be owned by "A" at the same time as this Agreement is concluded.

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