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(영문) 대구지방법원서부지원 2017.05.11 2016가합52013
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(b)unwritten matters shall be in accordance with the provisions on contracts under the Civil Act and the general practices of real estate sale;

6.Each seller shall affix his signature and seal on behalf of C.

Plaintiff

A purchased the instant land from the Defendants, and entered into a sales contract with the Defendants on January 18, 2016 through Nonparty F, G, and H on the instant land with a plan to operate a commercial building construction project on the instant land (hereinafter “instant sales contract”).

(c)The parcel number shall be the content of the payment of down payment and intermediate payment and the written evidence (written confirmation) No. 3 (Written Confirmation) of A: I undertake to issue the required documents (written consent, etc. of land use) at the time of the buyer's request on or after June 16, 2016 with respect to the above parcel number I, J, and K in Daegu City/Gu Y.

Provided, That even before June 16, 2016, I promise to issue the necessary documents at the time of request, such as a written consent to land use (in the case of authorization or permission, the change of the name of the buyer after approval is made in the name of the buyer).

* The buyer bears the costs associated with the building permit.

On January 18, 2016, according to the instant sales contract, Plaintiff A paid the remainder Defendants C the down payment of KRW 752,450,000 on the date of concluding the contract, and the intermediate payment of KRW 752,450,000 on February 18, 2016. Upon Plaintiff A’s request, Defendant C drafted and issued to Plaintiff A a written confirmation of the following matters:

Plaintiff

On July 20, 2016, which is the remainder payment date under the instant sales contract, A’s delay in the payment of the remainder and A’s evidence No. 7 (Agreement), the Defendants provided various documents for the registration of ownership transfer at the H Licensed Real Estate Agent’s Office and provided the remainder payment of Plaintiff A. However, the Plaintiff failed to perform the obligation to pay the remainder, and the Defendants issued a certificate of content that the instant sales contract will be cancelled if the Defendants urged the Plaintiff to pay the remainder and failed to perform the obligation.

A. Main text of the Evidence No. 7 (Written Agreement).

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