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(영문) 대전지방법원 2020.07.15 2019가합103281
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant C are all satisfied.

Reasons

1. Facts of recognition;

A. Defendant C (hereinafter “Defendant C”) is a company that runs a housing construction business, commercial building construction business, etc.

B. On August 29, 2018, Defendant C entered into a sales contract with Defendant B with the content that he/she purchases KRW 2,245.5 square meters of Daejeon Sung-gu D (hereinafter “instant land”) at KRW 7 billion.

(hereinafter “instant sales contract”). C.

On September 18, 2018, the Plaintiff entered into a contract for acquisition and transfer of rights between Defendant C and Defendant C, with the content that the Plaintiff acquires all rights as purchaser under the instant sales contract, as well as all rights to the authorization and permission of the instant land and buildings.

(hereinafter “instant acquisition agreement”). The main contents of the instant acquisition agreement are as follows.

【Indication of Right to be Transferred】

A. All rights of a purchaser under the sales contract of this case concluded on August 29, 2018 with Defendant B, the landowner of this case,

B. All rights to the authorization and permission of land and buildings in this case (transfer amount and payment method)

(a) Transfer amount: the transfer amount, including land lots, shall be 20 billion won, 65 billion won;

(b) Payment method and due date 1) intermediate payment: 2.65 billion won (the payment after confirming the implementation of “A” (referring to Defendant C; hereinafter “Defendant C”) 2.6 billion won: PF City - The intermediate payment of land (including compensation for damage): 8.6 billion won: (a) transfer of the land owner’s ownership; (b) the Company E in the part of land; (c) tidal deposit in the court - deposit in the court - the alteration of the authorization document before payment - the completion of the alteration of the authorization document - the remainder of 3.5 billion won out of the remainder of 7.1 billion won: 3.6 billion won of the remainder of the payment - the completion of the completion of the project - the remainder of the project 3.6 billion won of the remainder of the construction payment - the compensation expenses for any defect in the existing building and additional litigation.

A. Matters to be implemented by Defendant C are as follows: (a) All the authorization and permission documents related to the instant land sales contract 2) and the change of the owner and the contractor.

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