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(영문) 청주지방법원 2017.04.20 2016가단108199
생활대책용지수분양권명의변경승낙의사표시
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 12, 2013, the Plaintiff entered into a contract with the Defendant to purchase the sales amount of KRW 110,000,000 to be supplied to the Defendant when the land and the building on the land owned by the Defendant was expropriated in the zone D (E complex) (hereinafter “sale contract for the instant migrants”) and paid the Defendant the down payment of KRW 50,000,000 as of the date of the contract, and the remainder of KRW 60,00,000,000, respectively.

B. When preparing a sales contract for the instant resettled, the title “a sales contract for the resettled of the instant complex” was prepared along with a sales contract for the instant resettled housing site, and was attached to the sales contract for the instant resettled housing site. The main contents of the contract are as follows.

The indication of real estate: The seller (A) and the buyer (B) enter into a sales contract for the residential countermeasure site supplied due to the expropriation of the above real estate in the Cheongbuk-gun, Chungcheongbuk-gun (Article 1) where the real estate is located, as follows:

[Article 2] In accordance with the promise to sell and purchase the land for daily countermeasures, Gap and Eul will pay the purchase price as follows:

The purchase price: The balance of KRW 50 million: 60 million (payment in April 12, 2013). The effect of the sale and purchase contract shall enter into force on the date when the purchase and sale contract was sold in lots and its title is changed.

[Article 4] A becomes responsible for the change of name by providing all documents and body of action requested by a project operator to a person designated by B or B at the time of change of name.

[Article 7] Where Party A is excluded from the supply of a housing site for migrants, Party A shall immediately refund the purchase price to Party B.

C. On December 19, 2014, the Defendant entered into a sales contract with the Korea Industrial Complex Corporation and the Chungcheongnambuk Development Corporation to purchase KRW 91,858,100 of the migrants’ housing site (the location D district, demarcated land number F, detached housing site for designated purpose, land category, size of land, 276 square meters). The Plaintiff and the Defendant concluded a sales contract with the Plaintiff on March 23, 2016.

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