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(영문) 울산지방법원 2017.12.13 2017가합21172
소유권이전등기
Text

1. The Plaintiff:

A. As to each real estate listed in [Attachment A] Nos. 1 and 4, Defendant B:

B. Defendant C shall list attached hereto.

Reasons

1. Basic facts

A. Defendant B is the owner of each real estate listed in the separate sheet Nos. 1 and 4, and Defendant C is the owner of each real estate listed in the separate sheet Nos. 2 and 3, and Defendant D is the owner of each real estate listed in the separate sheet No. 5.

On March 13, 2014, the Plaintiff concluded a sales contract with B representing the Defendants, and with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) to be purchased from the Defendants in KRW 2,00,000,000 (hereinafter “instant sales contract”).

(B) At the time of the conclusion of the instant sales contract, the size of the building indicated in paragraph (2) of the attached Table No. 2 was 493 square meters. Since then, the building was extended and the area was registered as 525.72 square meters on July 1, 2014). The Plaintiff and the Defendants concluded a special agreement on behalf of the Plaintiff, a buyer, to bear capital gains tax of KRW 100,000,000, which is to be borne by the Defendants, on behalf of the Plaintiff (hereinafter “instant special agreement”).

B. The main contents of the instant sales contract are as follows.

Article 5 of the sales contract of this case provides that the defendants' obligation to deliver the real estate of this case is more preferentially performed than the plaintiff's obligation to pay the remainder.

Article 2:The seller and the buyer shall determine the purchase price as KRW 2,00,000,000 ( KRW 2,000,000), and the buyer shall pay to the seller according to the following payment methods:

(1) The remainder of the total purchase price of KRW 200,000,000 on June 30, 2015 (2,000,000) deposit of KRW 2,000,000 (2,000,000) deposit on March 13, 2014, the first intermediate payment of KRW 200,000,000 on June 30, 2014, the second intermediate payment of KRW 900,000 (90,000,000) of KRW 30,00,000 on December 30, 2014 (30,000,000) is the remainder of KRW 20,000,000 on June 30, 2015 (2,00,000,000) and KRW 400,000,00 on June 30, 2016.

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