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(영문) 서울중앙지방법원 2019.01.31 2017가단5062231

건물등철거

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 10, 2008, in which Plaintiff B’s husband (hereinafter “the deceased”) and Plaintiff A entered into a sales contract with JA with respect to part of the shares (the Plaintiff’s ownership) in the Gyeonggi-gu Gyeonggi-do E-do in 2003 and G 456 square meters (the deceased’s ownership) and G 486 square meters, and F forest land 469 square meters on October 10, 2008. The size of the above land was 270 square meters. On December 7, 2015, part of the land and the land category was changed as of December 7, 2015, and part of the shares (the Plaintiff’s ownership) in which the land category was changed to a road.

[2] In general term of the above land, each land of this case is indicated as "each land of this case", and when referring to each land, "Kri 00" is indicated as "Kri 00." The above company newly constructed two houses of this case on each land of this case, but suspended construction due to financial difficulties after the completion of the structural construction, and the above sale and purchase contract was not fulfilled.

B. Accordingly, on April 2, 2007, the Defendants concluded a sales contract on the instant land between the deceased and the Plaintiff’s representative L on the following grounds: (a) the Defendants agreed to acquire two electric houses newly constructed on the instant land and its ground; and (b) the Defendants concluded a sales contract on the instant land with

(2) The main contents of the instant sales contract are as follows: (a) the “instant sales contract” and the “instant sales contract.”

The expression of the contract shall be revised, as the context requires. However, the phrase “contractual terms” in the table below shall be changed as it is, except for the parts colored under the language law, as it is, the contents in the document. Sales proceeds: KRW 580,000,000 (the payment of KRW 130,000,000 among them shall be substituted by the Defendants’ succession to the collateral security obligation of KRW 130,000,000 which is created as joint collateral in E and G) - Contract deposit of KRW 100,000,000 shall be paid at the time of contract.

- The intermediate payment of KRW 50,000,000 shall be paid on June 20, 2007

- The remainder of 300,000,000 won shall be payable on October 30, 2007

A seller shall deliver documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of balance of sales proceeds.

Matters of special agreement - the above collateral security division.