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(영문) 수원지방법원성남지원 2017.12.19 2016가합205485
소유권확인
Text

1. The Plaintiffs concluded on November 17, 2010 with respect to the land size of 7,934 square meters in Sung-nam-si G forest located in Sungnam-si.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiffs agreed to deduct KRW 200 million out of the purchase price from the costs to resolve the issue of KRW 2.4 billion with respect to the forest land in this case, 7,934 square meters in Sung-gu, Sungnam-si (hereinafter “instant forest”) to the Defendants on November 17, 201. The actual purchase price was set at KRW 2.2 billion.

The sales contract was concluded to sell the source, and the down payment was paid to KRW 240 million on the same day, and the main contents are as follows.

Any balance of KRW 2,160,000,000 shall be paid on June 20, 2011.

A seller shall receive the balance of the purchase price and deliver all documents necessary for the registration of transfer of ownership and deliver the said real estate.

If any reason exists to restrict the exercise of the ownership, the seller shall remove the defects and burdens of his rights and transfer his full ownership by no later than the date of receipt of the balance.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract, and claim damages arising from the cancellation of the contract to the other party, respectively, and the contract deposit shall be deemed to be the basis

Special terms and conditions: Transactions shall be conducted under the current state of facilities.

B. The Plaintiffs, June 10, 2016, July 19, 2016, and the same month.

7. 25. 25. The Defendants sent content-certified mail stating the Defendants’ demand to perform the remaining payment obligation. Around that time, the Defendants reached the Defendants.

C. On July 15, 2016, the Plaintiffs, at a brokerage office that arranged the instant sales contract, kept the documents necessary for the Plaintiffs’ fulfillment of the obligation to register ownership transfer.

The Defendants did not pay the balance of the instant sales contract to the Plaintiffs up to now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 (including branch numbers if there are serial numbers) and the whole pleadings.

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