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(영문) 서울고등법원 2015.07.10 2014나41287
건축주명의변경
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order to perform shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On April 18, 2012, the Defendant obtained a building permit (hereinafter “instant building permit”) in relation to the construction of the said C forest land as indicated in the attached list from the head of Goyang-si, Yangyang-gu, Yangyang-gu, Yangyang-gu, and C forest land 61,461 square meters and C forest 34,909 square meters (hereinafter “instant real estate”).

B. On December 18, 2012, the Plaintiff concluded a contract with the Defendant to purchase the instant real estate (hereinafter “instant sales contract”) with the following content.

2.(1) The total purchase price shall be KRW 5 billion (2) the down payment of KRW 1.5 billion, simultaneously with the contract.

(3) The intermediate payment of KRW 1 billion shall be paid within two months after the contract is concluded.

(4) Any balance of KRW 2.5 billion shall be paid within six months after the contract is concluded.

(5) Although the Plaintiff’s seller stated, it is reasonable to view it as the buyer’s mistake.

The following parts were corrected in the same manner as the same error in the terms of the contract. In the event that Paragraph 35 (Permissions for More than 300 square meters) of this Agreement is completed, the defendant shall be additionally paid KRW 2 billion to the defendant and shall be added to the purchase price.

3.(1) 1.5 billion won of down payment shall be appropriated to the cancellation of auction by creditors D and creditors E and the cancellation of provisional seizure by creditors F, and the remainder shall be paid to the Defendant only after the remainder is appropriated by the Plaintiff.

(2) The defendant issues all documents concerning the transfer of registration to the plaintiff simultaneously with the contract, and the defendant shall immediately complete the registration of transfer.

(3) Upon completion of the ownership registration, the Plaintiff’s auction and collateral security in progress on the said land shall replace the loan to another financial institution without delay.

(4) If the loan of the Nonghyup Bank is fully paid, the Plaintiff shall exercise the right to collateral security against a third party designated by the Defendant, with the amount obtained by deducting the full payment of the loan from the intermediate payment and the balance payable to the Defendant.

(5) The defendant of this case.

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