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(영문) 광주지방법원목포지원 2020.01.14 2018가합11591

소유권이전등기 등

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1. The Defendant’s KRW 160,000,000 for the Plaintiff and 5% per annum from August 24, 2019 to January 14, 2020.

Reasons

1. Basic facts

A. The conclusion of the sales contract and the payment of the down payment (1) C is the owner of the 31,914 square meters in the DD salt farm in the Yannam-gun, Chungcheongnam-do before the division and the 4,960 square meters in the E salt farm before the division (hereinafter “the two land before division”). The Defendant is a person who promotes the installation project of solar power plants, part of which is part of the land before division, as its site

(2) On October 31, 2017, the Plaintiff purchased a site for solar power plants and a power plant business license (hereinafter “instant business license”) from 250,000,000 won between C and C’s ASEAN representing the Defendant, and concluded a sales contract with the content that the Plaintiff purchased the said site for solar power plants and the instant business license (hereinafter “instant business license”) from KRW 150,000,000, calculated at KRW 2,235 square meters per square, out of the land before subdivision, as the site for solar power plants was not finalized. As such, the Plaintiff concluded a sales contract with the content that the amount equivalent to KRW 2,235,00,000, calculated at KRW 6,500 per square, out of the land before subdivision as the temporary purchase price for land.

(2) The main contents of the instant sales contract are as follows. < Amended by Presidential Decree No. 20720, Dec. 1, 2008>

The purchase price: 250,000,000 won: 80,000,000 won for the remainder payment at the time of a contract: The special agreement to pay the remainder after the land survey (including the co-owned area) calculated with the exception of the down payment (hereinafter “the special agreement of this case”).

1. The instant business right in the name of the Defendant and the site for the relevant power plant shall be sold, if the contract is completed, in the amount of KRW 250,000,000;

2. Since the previous land was currently owned in the name of C, the contracting party is the seller C and the buyer. When the survey for division is completed, the seller’s contract and the buyer’s re-contracts with the seller, the buyer, and the buyer’s request, the seller shall immediately transfer the instant business right and the site for the relevant power plant to the Plaintiff.

3. The Defendant actively cooperates with the Plaintiff in order to obtain the seller’s permission for financial P/F and development activities.

4. Where this contract is destroyed at will, twice the down payment shall be made.