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(영문) 수원지방법원 2017.01.19 2015가합64943
토지인도
Text

1. The Defendant’s KRW 8,162,00 for the Plaintiff and 6% per annum from May 13, 2016 to January 19, 2017.

Reasons

(b) the facts of the basis;

A. On March 9, 2012, the Plaintiff entered into a sales contract on March 9, 2012 with the Defendant to purchase the Defendant’s land in KRW 4.931 million with the Defendant, and the Plaintiff entered into a sales contract on March 9, 2012 (hereinafter “the contract”). At the time of entering into the contract, the Plaintiff entered into a real estate sales contract that includes the following:

Indication of real estate sales contract;

1. C Forest land of 20,084 square meters in eternity;

2. Dyllite-si D 4,674§³;

3. E forest E in terms of harmony, 3,868 square meters (in cases of partial transfer of defendant's share to be transferred, 3507/38 of the share to be transferred).

4. The seller, at the time of the termination of the contract under Article 6 of the F Forest Land of 1,884 square meters (the share to be transferred to Defendant 1379/184) of F Forest Land of 1,88 square meters (the share to be transferred), shall reimburse the double amount of the down payment, and the buyer shall waive the down payment and not claim the return thereof.

The sales price of the real estate indicated in Article 7 shall be settled in accordance with the unit price per square meter.

Article 8:Method of Payment of Contract Deposit*: 10% (contractual)* Remaining: 90% (payment within 30 days after obtaining approval for factory permission, and the period of approval for factory permission shall be the maximum of six months from the date of contract) after filing an application for approval for factory permission under Article 9, the down payment shall be returned and the contract shall be invalidated.

Article 10. The defendant concludes this Agreement and receives down payment at the same time, and at the same time provides all documents necessary for the permission of the plaintiff, such as written consent to land use (or building permission) necessary for the approval of the business in relation to the permission (use: factory establishment permission) business of the main area.

Article 11. The case of crops and the case of burial of graveyardss in the land will be responsible for the defendant.

(B)

B. On March 30, 2012, the Plaintiff was granted permission on March 30, 2012 upon filing an application for permission to establish a new factory on land D, C, and E (hereinafter referred to as “application for permission to establish a primary factory”).

C. The Plaintiff’s registration conversion and division are intended for the Korea Cadastral Corporation around August 2012 in order to establish a factory on the land for which a sales contract was concluded.

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