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(영문) 서울중앙지방법원 2018.10.05 2017가합589622
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 18, 2016, the Plaintiff purchased KRW 6,500,000 (hereinafter “instant sales contract”) from the Defendants the Seongbuk-gu Seoul Metropolitan Government E, F, G land 3,304 square meters (the location and shape of each piece of land are the same as the attached drawing) and KRW 53.36 square meters of G ground buildings (the combination of each of the above land and buildings, referred to as “each of the instant real estate”). On August 2, 2016, the Plaintiff paid KRW 350,000 as down payment on August 2, 2016.

The following are applicable to the content of the instant sales contract.

Article 1 (Purpose of Contract) The purpose of this contract is to purchase all of the instant real estate owned by the Defendants and promote multi-family housing construction projects, and the interpretation of each provision is equivalent thereto.

Article 2 (Sale Price and Method of Payment)

1.The buyer agrees to pay to the seller the total purchase price, the down payment, and any balance of the above mentioned real estate and buildings, as follows:

Provided, That value-added tax on buildings shall be separately imposed.

The total amount of sales: 10 billion won per day.

3. The remaining payment date of this Agreement (hereinafter referred to as “the date of the contract”) shall be payable within 180 days from the date of the contract.

Provided, That where the period of authorization and permission is delayed, it may be extended.

Article 3 (Cancellation of Rights Other Than Ownership and Handling of tenants)

4. The Governor shall cancel all third parties' rights to limit the use of land, such as mortgage, right to lease on a deposit basis, right to lease on a deposit basis, provisional seizure, etc. established on the sold and purchased real estate by the date on which the remainder payment is made, and shall transfer the tenants, occupants, users, etc. located in the

6. In the event that the Defendants failed to perform their obligations under the above 1, 2, 3, 4, and 5 by the date of the remaining agreement, the Plaintiff may, in lieu of the purchase price, cancel the rights established by subrogation of the Defendants to the creditors concerned in lieu of the purchase price. In this case, the Defendants shall pay the Plaintiff’s subrogation.

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