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(영문) 대구고등법원 2018.05.16 2017나23173
소유권이전등기
Text

1. Pursuant to the conjunctive claim that was changed in exchange at this court, the Defendant shall pay to the Plaintiff KRW 160,000,000, and this shall apply.

Reasons

1. Basic facts

A. The defendant is a public interest corporation whose purpose business is scholarship business, academic research support business, etc., and was established for the purpose of academic and scholarship business necessary for the development of education, society, and industry pursuant to the Act on the Establishment and Operation of Public Interest Corporations.

B. On December 20, 201, the Plaintiff purchased each real estate listed in the separate sheet, which is the Defendant’s fundamental property (hereinafter “instant real estate”), in the purchase price of KRW 1.6 billion, and concluded a sales contract with the Defendant to pay the remainder KRW 500 million on April 20, 2012, and the remainder payment of KRW 940 million on September 30, 201 (hereinafter “instant sales contract”).

At the time of this contract, the Plaintiff and the Defendant specified a special clause stating that the seller shall return the entire principal of the down payment received by the seller to the buyer when the seller cannot obtain the approval of the sale from the supervisory authority.

C. On December 29, 2011, the Defendant applied for permission to dispose of the fundamental property of the instant real estate, and the Seo-gu Office of Education of the Daegu District Office of Education, the competent authority, grants permission to dispose of the fundamental property on January 2, 2012, stating that “The disposal price shall be at least 1,840,173,000 won,” and the disposal price shall be incorporated into the list of fundamental property and shall be managed in cash by performing the procedures for amendment of the articles of incorporation; but the disposal price shall be sold in cash after taking measures to ensure deposit and goodwill of the shop occupants; ② ownership shall not be transferred without full payment of the sale price of fundamental property; ③ The disposal period of fundamental property shall be one year from the date of permission to dispose of the basic property; ④ the sale price of real property shall be incorporated into the list of fundamental

(hereinafter “instant disposition permission”) D.

On April 23, 2012, the Plaintiff, who did not receive part payments, was the Defendant as the Daegu District Court No. 2337 in 2012.

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