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(영문) 창원지방법원통영지원 2016.08.25 2015가합11140
담보물변경이행 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 12, 2011, the Plaintiff and the Defendant (Miber Co., Ltd. prior to the alteration) concluded a sales contract with the Plaintiff on December 12, 201 with respect to C forest land C 63,669 square meters, D forest land 45,818 square meters, E forest land 42,716 square meters, F forest land 226 square meters, G forest 256,457 square meters (hereinafter “each of the instant real estate”), which the Defendant purchased KRW 650,000,000 and the sales price shall be paid until February 29, 2012 (hereinafter “instant sales contract”).

As a special agreement, "if the balance of real estate sales and the amount of mining right 250,000,000 won have been fully paid, the provisional registration and provisional disposition (H) shall be cancelled."

1. In the event of delay in the payment of the purchase price, a grace period may be deferred under mutual agreement, and if a person holding a provisional registration fails to pay it by March 31, 2012, the person holding a provisional registration may arbitrarily implement the principal registration based on provisional registration.

2. A plan for the settlement of disputes shall be immediately implemented when issuing an order to change the performance guarantee insurance policy to the competent authority;

except that this contract shall be automatically revoked and shall refer to all damages resulting therefrom if it is not immediately performed.

3. The ownership of stones produced by blasting prior to the payment of the balance of the purchase price shall be A but if sold, the price shall be returned to A and the said amount shall be deducted from the purchase price.

4. The mining right to the development of the Yeongdeungpo-gu Industrial Complex shall be transferred at the same time as the contract is, but if the purchase price is not paid, the mining right shall be reverted to A, and the MUB shall, without delay, belong to A, exceed the mining right;

5. Of the remainder payment, gold KRW 100 million shall be paid for the production and sale of stone.

6. The daily amount of money out of the purchase price shall be deposited into A as priority down payment until January 31, 2012.

(B) At the same time, A shall cancel the provisional disposition of H at the time of payment. Pursuant to the sales contract of this case, on December 20, 201, the registration of ownership transfer in the name of the defendant with respect to each real estate of this case.

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