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(영문) 대전지방법원 2015.05.27 2014가합3645

약정금

Text

1. 피고는, 원고 A으로부터 별지 [표1] 1.㉮㉯항 기재 각 부동산에 관한 소유권이전등기절차를...

Reasons

Basic Facts

The defendant, who entered into a sales contract, is the owner of forest land E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter referred to as "D"), who divided and sold the above forest land and promoted a project to create housing site through development activities. The plaintiffs are co-owners of part of the above forest land from the defendant.

On March 4, 2011, F or G forest and H or I forest (hereinafter “instant sales contract”) were concluded between the Plaintiffs and the Defendant on March 4, 201, with respect to the sales contract (hereinafter “instant land before the instant partition”) regarding F or G forest and H or I forest (hereinafter “instant land”). The Plaintiffs paid the Defendant the down payment of KRW 54,000,000 on the same day.

The main contents of the instant sales contract are as follows.

[The sales contract of this case] The seller (the defendant, the same hereinafter) and the buyer (the plaintiff, the same hereinafter) of the land before the division of this case enter into a sales contract of the above indicated real estate as follows.

Article 1. Buyers are to pay 544,424,00 won as follows:

Down payment: 54,00,000 won: 490,424,00 won for the remainder payment at the same time as the contract is received on April 29, 201, shall deliver all documents necessary for the registration of ownership transfer to the buyer simultaneously with the receipt of the balance of the purchase price; and if there is any reason for restricting the exercise of ownership, public charges and other charges, the seller shall remove the defect and burden of such rights and transfer the full ownership to the buyer by not later than the date of receipt of the balance.

However, this provision shall not apply if otherwise agreed.

Article 3 The delivery of the above real estate shall be made on April 29, 201.

[Matters of Special Agreement]

1. The land area of 1, 2, 11, 12 and 842.37 shall be transferred simultaneously after the remainder payment of the land area of 842.37, which is after the land is divided according to the accompanying drawing among the above real estate;

2. In transferring ownership, the seller shall distribute to the buyer the access roads and shares in the road;