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(영문) 인천지방법원 2017.04.05 2016가단18738

부동산소유권이전등기

Text

1. The Defendant’s sales contract was based on August 28, 2014 on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On May 9, 2013, the Defendant concluded a sales contract with B to sell 1,653,250,000 parcels, other than 1,653,250,000, owned by the Defendant, and agreed that B, with respect to the payment of the purchase price, a multi-household house (hereinafter “instant building”) was newly constructed on that ground and the payment of the purchase price was substituted for a part of the newly constructed building.

B. On March 27, 2014, the Defendant drafted a written agreement between B and B stating that “B shall complete the instant building until August 31, 2014 (Provided, That where the completion inspection is not completed, the sales contract is rescinded; the progress payment for the subcontractor in B shall be immediately paid by the Defendant); the unpaid land sale price and the interest on the loan, etc. to be borne by B shall be settled; the payment shall be made in substitutes for some households of the instant building, the payment method of which is completed, shall be calculated as 90% of the sales price of the instant building; the Defendant shall transfer the ownership of the remaining households to B; and if the mortgage created in the household in which the payment was completed, the Defendant shall transfer the ownership of the said land to B; and if the mortgage created in the said household is cancelled, the Defendant shall transfer the ownership of the said land to B (Evidence No. 2).”

C. On August 25, 2014, the Defendant issued to B a written consent on the provision of security (Evidence No. 2) to the effect that “this case’s new construction work (hereinafter “instant construction”) is to issue a sales contract for Nos. 1, 101, 1, 301, 2, 101, and 2, 301 among the 15 households of the instant building that is being newly constructed for the purpose of securing construction cost and giving payment in substitutes.”

In addition, the Defendant issued the Defendant’s seal impression to B during the construction process of the instant case.

On November 1, 2013, the Plaintiff entered into a temporary re-lease agreement with D on November 11, 2013, and supplied temporary materials to two sites, including the instant construction site.

B, E has jointly and severally guaranteed D's obligations under the above temporary re-lease agreement.

Since August 28, 2014, the Plaintiff 2.