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(영문) 대구지방법원 2017.06.08 2016가합209140

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is an incorporated foundation with the purpose of scholarship projects, academic research support projects, etc., and is a public interest corporation established pursuant to the Act on the Establishment and Operation of Public Interest Corporations.

B. On December 20, 201, the Defendant entered into a sales contract with the Plaintiff to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 1.6 billion (in the event of a contract, an intermediate payment of KRW 160 million shall be paid as of April 20, 201 and the remainder of KRW 940 million shall be paid as of September 30, 2012) (hereinafter “instant contract”) with the Plaintiff, stating that “this contract shall be cancelled if the seller fails to obtain the approval of the sale from the supervisory office, and the seller shall return the entire principal of the down payment received as of September 30, 201.”

C. After that, the office of education in Daegu Metropolitan City, which is the Defendant’s competent authority, applied for permission to dispose of the Defendant’s fundamental property of the instant real estate on January 2, 2012, the purchase price is at least KRW 1,840,173,00, and the basic property disposal period is at least one year from the date on which the permission to dispose of the instant real estate was granted by the competent authority.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. As to the Plaintiff’s assertion that the Defendant was obligated to pay the remainder of KRW 940 million to the Plaintiff pursuant to the instant contract, and that the Plaintiff was obligated to perform the procedure for the registration of ownership transfer with respect to the instant real estate, the Defendant asserted that the instant contract was null and void due to the lack of permission from the competent authority or the fulfillment of the terms and conditions for the rescission of the instant contract,

According to Article 11 (3) 1 of the Act on the Establishment and Operation of Public Interest Corporations, a public interest corporation such as the defendant sells its basic property.