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(영문) 울산지방법원 2014.01.23 2013가합2890
소유권이전등기 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff leased and used the instant land owned by the Defendant from around 1998.

B. On January 3, 2003, the Plaintiff commenced the new construction of the instant building on the instant land and completed the construction on November 13, 2003, and completed the registration of ownership preservation in the name of the Plaintiff on the same day.

C. On November 18, 2003, the Plaintiff concluded a sales contract to purchase the instant land from the Defendant for KRW 876,800,000 (hereinafter “instant contract”).

The main contents are as follows:

The terms and conditions of purchasing down payment of KRW 576,80,000, intermediate payment of KRW 100,000 ( July 9, 2004) and the balance of KRW 200,000,000 ( August 20, 2005) are to enter into a contract under the condition that the purchaser bears capital gains tax and resident tax on the land, and to first acquire the building and pay the land price as the loan by securing the land and the building.

After November 18, 2003, even when the purchaser exercises all the authority and the transfer of the land is known, the payment of the land tax and the public charges incurred from the land shall be made by the purchaser and the payment of the intermediate payment of KRW 100 million in the future of the Tae Heavy Industries (U.S. 9, 2004), and the balance of KRW 200 million shall be the payment of the intermediate payment, and the repayment of the amount borrowed in the future of the Gyeongnam Bank Unauthorized Branch C (Defendant Negation) (U. 2005 August 20, 2005) shall be the remainder.

Since a security has been provided with a security in return for the number of units per public announcement of the security, the record on the date of the price per unit shall not be raised by the custodian (Defendant).

The bond acceptance certificate shall be in the performance key as set out in Chapter 2.

When the seller has breached this contract, he shall compensate the buyer twice the down payment, and when the buyer has performed the contract in good faith, the down payment and the intermediate payment shall be null and void, no claim for the return shall be made, and the building shall be registered to the land seller and shall be registered to the land seller.

The plaintiff and the defendant around that time.

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