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(영문) 서울고등법원 2017.05.10 2017나607
소유권이전등기
Text

1. Of the part on the counterclaim in the judgment of the court of first instance, the part on the counterclaim against the plaintiff (the counterclaim defendant) is 168,176.

Reasons

1. Basic facts

A. A. Around December 2009, the Defendant delegated D’s representative director D of C Co., Ltd. (hereinafter “C”) with the authority to build a new building on each land listed in the attached Table 1 through 4 and to perform all acts related to the disposal of each land.

B. On December 209, C and I Co., Ltd. (hereinafter “I”) whose representative director was the Plaintiff, concluded a sales contract with respect to each of the lands listed in the separate sheet 1 through 5 (hereinafter “the instant primary trade land”) as follows (hereinafter “the instant previous sales contract”).

The location of land sales contract: Pyeongtaek-si E, F, G, H (S) cadastral area: Article 1 (Sales Price) of the 635.45 square meters (including road shares) (1) of the 635.45 square meters (including road shares) shall be determined by the total amount of 857,00,000 won for four parcels.

(2) The buyer (I) shall pay 50,000,000 won per day to the seller (C) at the time of the contract.

(3) The amount of 512,00,000 Suhyup Loans shall be borne by the buyer including interest after the contract.

(4) The remainder shall be treated when settlement is completed after completion, and shall be the highest payment rate for sale in lots or financing generation.

(b)(5)The area shall be applied to the public account area, and shall be the re-Adjustment key with the area of the survey related to the subsequent sale.

Article 2 (Transfer of Ownership) A seller shall provide a buyer with all documents necessary for transfer of ownership at the same time as the balance is received.

Article 3 (Extinction of Liability for Real Estate) The seller shall terminate the problems that restrict the exercise of ownership, such as limited real rights, such as mortgages established on the above real estate, provisional seizure, provisional disposition, etc. by the time of transfer of registration.

Provided, That at the time of a contract, the seller shall attach to the buyer a letter of partial termination of the right of creation of the collateral security (J: 690,000,000) on the above land.

Article 4 (Bearing of Defects) Penalties in violation of the Farmland Act and other Acts and subordinate statutes that occurred before the transfer of ownership of the above real estate shall be disposed of immediately by the seller.

(b) Article 5 (Sale of Goods in Units);

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