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(영문) 광주고등법원 2015.03.20 2012나7303
소유권이전등기
Text

1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following order to perform:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On July 16, 2005, the Plaintiff entered into a contract with Defendant C to purchase the purchase price of KRW 400,000,00 on the following terms (hereinafter “instant contract”).

1. The seller shall perform the soil construction work in accordance with the design drawings;

2. The cost of alteration of form and quality shall be borne by the purchaser.

3. All expenses, other than alteration of form and quality, shall be borne by the seller;

4. The date of commencement of construction work shall begin on August 2005 and the date of completion may be completed from August 2005 until December 2005 and may be delayed for civil petition.

5. The primary licences 2,400 square meters and the secondary licences 1,700 square meters to 3,000 square meters.

A special agreement: A special agreement may be concluded before the completion of construction is completed.

(2) In addition, the Plaintiff and Defendant C agreed to pay the remainder of KRW 360,000 on the date of the contract, the remainder of KRW 360,00,000 on the date of completion of the site creation work, and simultaneously complete the registration procedure for ownership transfer at the same time. In the event of a seller’s breach of contract, the Plaintiff and Defendant C paid the buyer a double of the down payment due to the penalty, and the buyer has paid the down payment, and the right to return is lost and the right to return is equally

(3) At the time of the contract, the Plaintiff paid to Defendant C KRW 40,000,00 as the down payment, and KRW 20,000,00 as the intermediate payment on January 11, 2006.

B. On March 29, 2006, the division of real estate and registration conversion (1) of E forest land E 23,968 square meters in opticalyang-si was divided into 15,987 square meters in E forest land, G forest land 7,813 square meters in G forest and 168 square meters in H forest, respectively.

(2) On July 31, 2008, G forest land G 7,813 square meters was subject to registration conversion on July 31, 2008.

(3) On March 9, 2010, E Forest land was divided into the real estate indicated in paragraph (1) of the attached Table and J Forest land into 135 square meters.

(4) On July 3, 2008, the area of 1,860 square meters prior to the F in Mineyang-si was divided into the real estate indicated in paragraph (2) of the attached Table, and the area of 1,500 square meters prior to K.

(5) On March 9, 2010, the area of 1,500 square meters prior to K in Yangyang-si is 1,500 square meters.

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