beta
(영문) 대구지방법원상주지원 2014.09.03 2013가단7829

토지인도

Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in paragraph 1 of attached Form 1, the Attached Form 2 Map 1, 2, 3, 4, 5, 6, and 1 shall apply.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff entered into a sales contract under which the Plaintiff purchased each of the said real estate (hereinafter “instant sales contract”) by paying the purchase price of KRW 310,000,000,000, and the down payment of KRW 50,000,000, at the time of a contract, to pay the remainder of KRW 260,000,000 to June 20, 2013 (hereinafter “instant sales contract”).

B. The terms and conditions of the instant sales contract are as follows.

1. A project operator shall relocate approximately 5,000 gran trees planted on the ground until November 30, 2013;

2. The tree shall be transferred before the balance date ( June 20, 2013).

3.To succeed to all above-ground objects on the above-ground without any condition.

(F) All of the greenhouses, shot trees and other ground objects)

C. Meanwhile, Article 6 of the sales contract of this case provides that “The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination of the contract and not claim the return thereof.”

The Plaintiff paid the down payment of KRW 50,000,000 as well as the remainder of KRW 260,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on May 27, 2013.

The contract amount shall be determined by Non-Party U.S. Credit Union (hereinafter referred to as the "Non-Party Credit Union") as designated by C.

(e) has been deposited and paid into his account.

As of the time of the closing of argument in the instant case, gold tree has not yet been collected on the ground of part 303 square meters in part on the ground of the attached Table 2 drawings among the real estate listed in paragraph (1) of the attached Table 1, which was connected with each point of the attached Table 1 of the attached Table 2 drawings No. 1, 2, 3, 4, 5, 6, and 1 (hereinafter referred to as "part on the land" of the attached Table No. 1. 2 of the real estate listed in the attached Table No. 1 of the attached Table No. 3 drawings No. 465 square meters (hereinafter referred to as "part on the ground") connected in sequence with each point of the attached Table No. 1 of the attached Table No. 2.

F. Meanwhile, each of the instant real estates is adjacent thereto.