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(영문) 대전지방법원서산지원 2016.12.21 2015가단10501

소유권이전등기

Text

1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant and the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The conclusion of a sales contract is 1) The assistant ship company (hereinafter “the assistant ship”).

(C) On July 16, 2008, in order to carry out the business of creating and selling the site for detached houses, the Plaintiff shall have 30525 square meters of forest land D from the E, Defendant B, and C in Seosan-si (hereinafter “instant land”).

The sales contract was concluded with the following contents while purchasing.

The land of this case was owned by E, Defendant B and C, respectively, 920/30525 shares of 10685/30525 shares.

Article 1 Purchase Price KRW 80 million and down payment KRW 80 million shall be paid and received to the seller at the same time within 15 days after approval of a district unit. The down payment shall be refunded when a district unit plan is not approved.

Special Agreement:

1. The down payment shall be deposited in the F Judicial Scriveners Office; and

2. Any balance shall be paid within 15 days after approval for a district unit;

2) On July 15, 2008, Boregian deposited KRW 80 million in the F Judicial Scriveners Office. On July 15, 2008, E, Defendant B, and C issued to Boregman a written consent to land use and a certificate of personal seal impression necessary for business approval. 3) The Plaintiff acquired all business rights, including the sales contract of the instant land, from Boregian.

B. Additional agreements and Plaintiff’s down payment 1) The Plaintiff delayed the progress of a site development project, paid the purchase price to E, Defendant B, and C on June 12, 2009, agreed to the effect that “The transfer of ownership is completed by paying the balance on or before August 4, 2009, and shall revert the down payment of KRW 80 million deposited in the certified judicial scrivener at the time of the violation to the seller’s side without any condition.” In addition, the Plaintiff demanded and received the Plaintiff to request E to newly issue a seller’s written consent to land use and a certificate of personal seal.

3. However, the plaintiff needs to conduct a business with the F judicial scrivener around May 2009, prior to the above agreement with E, etc.