소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The E Co., Ltd. (hereinafter “E”) developed a housing complex (hereinafter “instant housing complex”) on the F and seven lots outside the Gyeong-gun, Gyeongnam-gun, and the other seven lots, and there is a possibility of civil petition as to the creation of wetlands with the 916m2 (hereinafter “instant land”) located in the vicinity of the said housing complex. As such, the Defendant, the owner of the instant land, agreed to the instant land during the period of raising the land on the condition that the Defendant bears 50% of the cost of civil engineering works, and obtained the Defendant’s consent to the use of the site and the creation of good farmland.
B. Since then, upon the Defendant’s burden of expenses for civil engineering works, the Defendant decided to sell the instant land to the Plaintiff on February 23, 2016 (hereinafter “instant sales contract”), and the content thereof are as follows. On the same day, the Plaintiff paid the Defendant the down payment of KRW 13 million.
A contract for the purchase and sale of real estate: The remainder of KRW 13 million: 52 million, and the remainder shall be paid on July 29, 2016. < Amended by Presidential Decree No. 27357, Jul. 29, 2016>
Article 3 (Extinguishment of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate, or if there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer full ownership to the buyer by the
except in cases of rights and amounts agreed to succeed.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Matters of special agreement
1. The balance date may be adjusted with agreement between both parties; and
2. The down payment shall be a penalty; and
C. E grants permission to engage in development activities on the banking of the instant land from Gosung-gun in the name of the Defendant around June 2016 and changes in form and quality of land.