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(영문) 인천지방법원부천지원 2019.09.20 2019가단13805

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. On October 26, 2017, the Defendant was established for the purpose of real estate development business, and entered into a sales contract (hereinafter “instant sales contract”) with the Plaintiff as follows. The Plaintiff paid the Defendant the down payment amount of KRW 41,69,654 up to that time.

Article 2 (Indication of Objects)

1. Location: “Dyale Co., Ltd.” in Kimpo-si;

2. Parcel number: Article 3 [Sales Amount and Method of Payment] of the sharing registration of co-owned land (road) 80.47, 672, 444 for each registration of co-owned land (road) 266,229,325,250, which is non-exclusive land of the E-divided area;

1. The plaintiff must pay the price for the supply of the object to the defendant in accordance with the schedule.

Total purchase amount: 277,97,693 won

B. The remainder (45%) 69,49,423% of the intermediate payment (20%) (20%) on January 25, 2018 on the date of the payment of the non-fixed payment (15%) on October 26, 2017 on the date of the payment by installments (15%) * the part payment to be paid on January 25, 2018 *6,798,61660% (10%) * the part payment to be notified to the Plaintiff after the completion of installments, and the Plaintiff shall be paid within three days from the date of receipt of the notification.

Article 10 (Elimination of Grounds for Restrictions and Transfer of Ownership)

2. When the plaintiff completely pays the purchase price under Article 3(1), the defendant shall transfer the property to the plaintiff without any defects by completely resolving the factors that restrict ownership of the collateral security and superficies established on the real estate.

3. If the plaintiff completely pays the purchase price, the defendant provides necessary documents for the transfer of ownership and the plaintiff makes a registration of transfer of ownership at the plaintiff's expense within 30 days.

4. Since the co-ownership (road, etc.) of a D complex is a co-ownership share registration, the Plaintiff is not entitled to claim the partition of the land.

6. The Plaintiff’s share transfer to the Defendant’s co-owned shares is completed after the Defendant completed the entire project site (including the unpermitted site).

Article 13 【Penalties】

2. In addition to paragraph 1 of this Article, the defendant or the defendant.