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(영문) 울산지방법원 2018.05.09 2016나4679
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. In order to carry out a new construction project of a main complex building (hereinafter “instant project”) on the ground of Ulsan-gu D, Ulsan-gu, Seoul-gu, a company operating an engineering work business, etc., and conducted land purchase work from the early 2005, and the development of Song Name Industry (hereinafter “Plaintiff Song Name”) Co., Ltd. (hereinafter “Plaintiff Song Young-gu”) was changed to the trade name as of July 20, 2007, when it was a company operating a housing construction business, etc., and promoted the instant project after obtaining the right to implement the instant project from Plaintiff Sejong on May 18, 2006.

B. On July 13, 2005, in order to implement the instant project, the Plaintiff detailed a contract from the Defendant to purchase each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) at KRW 519,00,000 for the purchase price (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 3 (Time of Payment and Establishment of Contract) of the Real Estate Sales Contract Act (1) The defendant and the plaintiff Sejong 1 are well aware that the sales contract was concluded for the promotion of apartment reconstruction business on a group of lots including real estate subject to sale (10,000 square meters).

(2) The payment of the purchase price shall be as follows:

However, since the plaintiff Sejong Young-gu et al. purchases the real estate as part of the apartment complex, the sales contract shall be effective when the promise for the sales contract for the whole site subject to incorporation is completed, and the contract deposit is paid to the defendant by the plaintiff Sejong-gu et al. al.

The payment shall be made with 120 days or PEF funds from the date of the payment of the remainder of the payment to each account as soon as the reservation for the sales contract is completed for the whole of the land to be incorporated into the Plaintiff detailed account as the payment date of the installment payment.

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