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(영문) 인천지방법원 2019.04.12 2018가합56779

소유권이전등기

Text

1. The plaintiff's lawsuit against defendant C is dismissed.

2. The plaintiff's defendant Foundation B is the defendant Foundation B.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in the business of processing, producing, and establishing the inurnal tombstones, and the Defendant Foundation is an incorporated foundation established to own and manage land, buildings, etc. for the development of the FIC and its affiliated branch churches and its affiliated agencies.

B. On September 14, 2009, a sales contract with the Plaintiff as the buyer for each of the instant real estate (hereinafter “instant sales contract”) was concluded. The main contents of the instant sales contract are as follows.

Real estate subject to sale and purchase contract of real estate: The Chairperson of the Incheon Burial Welfare Committee, a foundation of each real estate seller of this case, shall indicate the real estate subject to sale and purchase contract of the plaintiff

1. Land address: Each real estate of this case;

2. Area of land;

A. Of the real estate No. 1 of this case, the area included in the project site is 30,741 square meters;

B. At the time of the second real estate of this case, the above price is set on the basis of the land cadastre, and the actual use area at the time of the subsequent increase and payment shall be made at the time of the remainder.

The defendant Foundation (hereinafter referred to as "A") and the plaintiff and one other (hereinafter referred to as "B") shall enter into a contract with respect to the sale of the land owned by "A" as follows:

Article 2 【Land Sale Price】

1. “B” shall pay “A” in return for the sale of land the price of which is calculated on a daily basis (Won 15,314,000,000) calculated on the basis of the above-sale land (pon 15,314,00,000) in the amount of KRW 9,571,36.

【Land-to-Land Payment Method】

1. “B” shall pay to “A” the daily sum of KRW 10,000,000 (Won 1,530,000,000), approximately 10% of the entire land at the time of preparation of this Agreement as the down payment for land sale.

2.To pay the “A” when concluding a contract for the amount of one billion Won (Won 500,000,000) of the agreed amount.

3. The down payment of KRW 1,030,000,000 (Won 1,030,000) shall be paid to “A” until October 14, 2009.

4. The time of payment of the full-time KRW 13,784,000,000 (Won 13,784,000,000), which is the remaining land, shall be the completion of a cemetery relocation.