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(영문) 대구지방법원서부지원 2019.01.17 2018가합50882

토지인도

Text

1. The Plaintiff (Counterclaim Defendant) received KRW 1,277,400,000 from Defendant (Counterclaim Plaintiff) C at the same time.

Reasons

(2) Of 28,802 square meters, 2,810 square meters and 1,130 square meters of the building for the factory in the steel-frame panel building (hereinafter “instant factory building”) newly constructed by Plaintiff B on the land of the said forest land (hereinafter “instant building”), Defendant C entered into a sales contract with Defendant C to sell the purchase price of KRW 1.487,50,000,000 (the contract amount of KRW 150,000,000,000 on the date of the contract, and the balance of KRW 1.37,50,000,000,000,000 won on the date of the contract, and KRW 15,50,000,000,000 to the Plaintiffs as the down payment (hereinafter “instant real estate sales contract”).

The main contents of the above real estate sales contract are as follows:

Article 3 (Change of Name) A seller of a real estate sales contract shall perform his/her duty to transfer the name of the real estate and the registration on the remainder payment date, unless otherwise stipulated.

Where the contract is rescinded before the payment of the intermediate payment is made under Article 4, the seller may cancel the contract by compensating twice the down payment as a penalty, and the buyer may cancel the contract by giving up the down payment as a penalty.

* Contract Agreements

1. It shall be constructed and completed in accordance with a separate drawing among the construction of a factory as of the contract date;

(one of the two entrances before factory operation shall be 5m*5m)

3. Terms and conditions of cancellation, if any, of collateral security and superficies exist at the end of any balance.

4. A contract shall be settled with a size of 545,00 won per square meter when the factory site after division is determined / 165 square meters.

B. Upon completion of the instant factory building located in Defendant C’s factory, Defendant C disposed of a factory operated in another place on June 2013 and used the factory building under the trade name “D” by moving into the instant factory building.

Defendant C established Defendant D Co., Ltd. on February 16, 2017, and continues to engage in the business of manufacturing and selling gold in the factory building.

C. On July 23, 2013, Plaintiff B filed an application for approval to change the establishment of a new factory on the ground of an increase in the total floor area of the building in Daegu Metropolitan City, and the head of the Gun to be achieved on August 12, 2013.