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(영문) 의정부지방법원 2017.09.22 2016가합56332

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the separate list owned by the Defendant (hereinafter “instant real estate”) was blind, and in order to establish an access route to that real estate, it was necessary to use the respective railroad sites C and D (hereinafter “railroad site”) owned by the State as an access route.

B. Accordingly, on May 20, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase the instant real estate at KRW 1.3 billion upon completion of the construction work (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

1. Agreement prior to permission to establish access roads to real estate;

A. The Plaintiff shall bear the costs for examining the feasibility of the instant real estate and the relevant authorization and permission costs, and the Plaintiff shall act on behalf of the Plaintiff.

C. The authorization and permission period, such as the construction of a road, is from May 20, 2012 to September 20, 2012, and the said period may not be extended for any reason, if this period is Do, and both the Plaintiff and the Defendant shall be null and void.

3. Agreement on a real estate sales contract after the completion of access roads;

A. After completion of the construction, the Plaintiff and the Defendant concluded the sales contract for the attached real estate amounting to KRW 1.3 billion.

B. The time limit for the payment of the above purchase price shall be twenty (20) days from the date of the sales contract.

C. On July 13, 2012, the Plaintiff proposed to open a railroad site access road to the Namyang-si Council, and the modification design measures to secure an access road from the Namyang-si. From November 13, 2012 to November 20, 2012, the Plaintiff constructed a construction project to pay a road of about four meters wide adjacent to the instant real estate in the railroad site. On December 13, 2012, the Plaintiff completed the construction project to pack the relevant part in a container.

The Defendant concluded a contract to sell the instant real estate to E on December 22, 2012 immediately after the said construction work, but the Plaintiff was above.