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(영문) 인천지방법원 2015.01.21 2013나6230
본등기이행등
Text

1. On the ground of the Plaintiff’s primary claim against the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) who changed from the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the part of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, except in the following cases: therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The grounds for the judgment of the first instance court shall be as follows: (a) the "L" of the fourth, sixth, third, and third shall be applied to "I".

The reasoning of the judgment of the first instance court is that the construction of "unhund Meritoriouss" in the 10th 5th 10th son of the reasoning of the judgment shall be changed to "General Construction of Meritoriouss"

The reasoning of the judgment of the court of first instance is as follows, "a apartment supply contract was concluded" in the 6th part of the judgment of the court of first instance.

The apartment supply contract (hereinafter referred to as the "sale contract of this case") was entered into, on the same day, a pre-sale contract was entered into between the Defendant and the Military Service Construction (hereinafter referred to as the "instant pre-sale contract") with the following contents:

Article 1 The defendant shall make a promise to sell the real estate of this case to the Construction Foundation of Meritoriouss in the price of KRW 189,010,000, and shall accept the comprehensive construction of Meritoriouss.

Article 2. The date of completion of the sale and purchase of this reservation shall be February 16, 2008, and when the completion date has elapsed, it shall be deemed that the sale and purchase has been completed as a matter of course, even if there has been no resolution of completion of the sale and purchase by the comprehensive construction without decoration.

When the sale and purchase has been completed pursuant to Article 3(2), the sales contract for the real estate of this case between the defendant and the Construction of Meritoriouss is established, and the defendant shall receive the price under Article 1 from the Construction of Meritoriouss and deliver and order the real estate to the Construction of Meritoriouss after taking the procedure for ownership transfer registration due to the sale and purchase of the real estate of this case.

Article 4 Comprehensive Construction of Meritoriouss shall pay to the defendant 189,010,000 won on the date of the reservation as the deposit money of this reservation, and the amount shall be deducted from the price under Article 1.

Article 5 The defendant shall enter into this reservation with respect to the real estate of this case at the same time.

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