(영문) 울산지방법원 2016.03.24 2015가합416

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(영문) 울산지방법원 2016.03.24 2015가합416

소유권이전청구권가등기말소 등

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1. The defendant (Counterclaim plaintiff), the plaintiff (Counterclaim defendant) Eul, the plaintiff (Counterclaim defendant) Eul, and the plaintiff (Counterclaim defendant) Eul are with the plaintiff (Counterclaim defendant) Eul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 12, 2003, Plaintiff B entered into a real estate sales contract with the Defendant for 4,700,000,000 won for the sales price for the instant real estate for the instant nine-story ground floor (hereinafter “instant real estate”). On the same day, Plaintiff B entered into a real estate sales contract for 300,000 won for the down payment, the remainder of 4,40,000,000 won for the remainder of 4,00,000 won for the remainder of 300,000 won for the sales price, and the ownership transfer is made at the same time with the remainder of 4,00,000 on March 31, 203, and according to mutual agreement, the ownership transfer is made at the end of November 2003.

B. The Plaintiff B and the Defendant on March 31, 2003, and KRW 3,150,000,000, out of the real estate sale balance amount of KRW 4,400,000,000, pursuant to the Agreement, succeeded to a bank loan, succeeded to a lease deposit, and paid KRW 770,000,000 in cash, and the remainder of KRW 350,000,000 shall be paid in accordance with the Agreement on Implementation of the Agreement.

The details of the agreement for the execution of agreements shall be as follows:

Pursuant to the contract of sale and purchase of land and buildings located in Ulsan-gu E in Nam-gu, Ulsan-gu, the seller "A (Defendant)" for convenience and the buyer "B" and the buyer "B" shall be agreed to perform the following:

A. Article 1: Pursuant to the sales contract, Eul shall pay the balance of the gold day (the amount of KRW 30 million for loans and the amount of KRW 300,000,000 for rent) and Eul shall be able to move into and operate the land and operate the land in the state of development recompense land under the mutual agreement between Gap and Eul, and the transfer registration shall be conducted by November 2003 after the remainder payment of the land in the state of development recompense land under the mutual agreement between Eul and Eul, and the building shall be implemented at the end of November 203.

Article 2:The loan of a financial institution under the sales contract shall be arranged by A and shall be held in the name of B.

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