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(영문) 의정부지방법원 고양지원 2018.07.13 2017가합74132

소유권이전등기

Text

1. Each claim against the Defendants by the primary plaintiff is dismissed.

2. Upon the plaintiff's conjunctive claim, the defendants are the defendants.

Reasons

1. The sales price for the subject matter of sale under Article 2 (Sale Price) of the Sales Contract is KRW 1,616,00,000.

Article 3 (Payment of Sales Price)

1. The plaintiff shall pay 160,000,000 won to the deceased as the down payment at the time of the conclusion of this contract.

2. The Deceased shall, after receiving the down payment, ensure that the Plaintiff acquires and exercises full rights to the ancillary subject matter.

3. The Plaintiff shall pay to the Deceased an intermediate payment of KRW 1,340,000 within 30 days from the date of concluding the contract.

4. The conjunctive Plaintiff shall pay 116,00,000 won to the Deceased within 30 days from the date of the cancellation of the land speculation area, and the Deceased shall notify the conjunctive Plaintiff of the cancellation of the land dumping area.

Provided, That if the land speculation area is not cancelled by the lapse of four years from the date of this contract, the ownership shall be transferred without relation to the cancellation of the land speculation area.

Article 4 (Nameing of Subject Matter of Sale) The Deceased shall complete the removal and transfer of the subject matter of sale by lawful procedures, and all of the plastic houses and various obstacles (such as things owned by others) or all other wastes within the subject matter of sale, before the receipt of intermediate payment.

Provided, That the on-site office related to the back Alley River Construction shall be immediately removed under the responsibility of the deceased after the completion of the construction.

Article 5 (Transfer of Ownership)

1. The Deceased shall receive any balance from the conjunctive Plaintiff on the subject matter of sale at the same time, and at the same time make the registration of transfer of ownership to the conjunctive Plaintiff or to the person designated by the conjunctive Plaintiff, and shall deliver all the documents necessary for the transfer of ownership to the conjunctive Plaintiff

2. The Deceased shall have all limited real rights such as the right to collateral security, superficies, etc. established on the subject matter of sale before the intermediate payment is received, the right to lease, etc., and provisional attachment.