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(영문) 서울남부지방법원 2019.05.24 2017가합1470 (1)
소유권이전등기
Text

1. At the same time, the Defendant received KRW 264,00,000 from the Plaintiffs, and at the same time, was not less than KRW 5,724 square meters of the forest land D in Pakistan to the Plaintiffs.

Reasons

1. Basic facts

A. On April 29, 2016, the Plaintiffs concluded a sales contract to purchase KRW 3,300/5,724 (the purchase price of KRW 499,00,000 (the contract amount of KRW 45,000,000, and the balance of KRW 454,000,000) among the sales price of KRW 49,000 (the contract amount of KRW 45,00,000) with the deceased E (hereinafter “the deceased”) as the Defendant’s attached (hereinafter “instant sales contract”), and paid KRW 45,00,000 to the deceased on the day of the contract.

However, the remainder payment column of the above sales contract is stated only in 2016, and the following special terms are attached thereto:

Matters of special agreement

1. The width of access road to the land of this case is at least 5 meters from the seller and F shall be secured jointly by the seller and F.

2. A seller shall develop the instant land immediately after the contract is concluded and deliver all the documents necessary for the purchaser to obtain permission, etc. for new house construction (such as a written consent to land use and a certificate of seal impression, etc.).

6. The seller agrees to pay any balance within one month of the acquisition of the new construction permit for the instant land by borrowing the instant land from a financial institution or any other entity under the buyer’s responsibility.

7. Where the progress of authorization or permission is delayed due to any cause not attributable to the purchaser, it shall be accepted for a certain period, but where it is delayed due to inevitable reasons by the purchaser, the interest equivalent to the period shall be paid in a lump sum.

B. The Plaintiffs concluded a sales contract between G and G on the same day to purchase KRW 441,00,000 of the purchase price of KRW 441,00,000 among the instant land. The Plaintiffs stated the remainder payment date in the said sales contract as October 31, 2016 and attached the said special agreement.

C. After the death of the deceased, H, the wife, inherited the deceased’s share and transferred it to the Defendant. The Plaintiffs and the Defendant on July 11, 2016, on the same condition as the Defendant, who acquired the status of the deceased under the instant sales contract.

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