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Reasons
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(영문) 광주지방법원목포지원 2019.11.06 2019가단50190
소유권이전등기
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the amount of KRW 434,70,000 per unit price, KRW 90,000 per unit price, KRW 43,470,000, KRW 391,230,000 (hereinafter “instant sales contract”) by stipulating that the Plaintiff shall pay the remainder of KRW 391,230,00 on January 20, 2017 (hereinafter “instant sales contract”).

B. The special terms and conditions of the instant sales contract (hereinafter “instant special terms and conditions”) are as follows.

1. A seller shall issue a buyer a written consent to land use, and the buyer shall select a business operator and promote his/her business;

2. After entering into a contract for land consultation corresponding to the project site, the buyer shall pay as down payment an amount of at least 10% of the land price in November 2016.

3.On deposit of the above down payment under Section 2 above, mutual recognition will be given as normal contract.

4. Any balance of the above land proceeds shall be payable in full within 20 January 2017.

5.The seller may not cancel the contract after the formation of the contract referred to in paragraph 3 above (3) above (the individual's circumstance is not permitted by multiple parcels of land) and may not require the buyer to return the contract deposit at the time of termination as his personal cause.

6. NOFD B of a passbook deposited by the landowner;

C. On the other hand, on November 18, 2016, the Plaintiff prepared and ordered to the Defendant a cash custody certificate of KRW 161,500,000,000 as follows (hereinafter “the cash custody certificate of this case”).

Indication of real estate amounting to KRW 161,50,000 ( KRW 161,500,000) in cash custody certificate for the difference in the sale: Address of land category C in theanan-gun: the answer (483)

1. Profits from the sale and purchase of the real estate indicated as the sales contract concluded on November 18, 2016;

2. The effect of this Cash Storage Certificate is that the buyer is liable for all civil and criminal responsibilities when the buyer has not paid on December 15, 2016 the remainder of the sale to the seller in the amount of one hundred and sixty million won (Won 161,50,000 won) to the seller.

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