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(영문) 청주지방법원 2018.12.12 2017가합202408
건축주 명의변경절차 이행청구의 소
Text

1. The Defendants each of the KRW 20,000,000 to the Plaintiff and KRW 15,000,000 from March 5, 2014 to KRW 5,00,00.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff entered into a sales contract with the Plaintiff and the Defendants, and partially performing 1) The Plaintiff: (a) from the Defendants on March 4, 2014, it is deemed that the Plaintiff is a forest of 3,306 square meters (hereinafter “D forest before division”).

(E) The forest and field E and 3,306 square meters (hereinafter “the forest and field E before division”), and each of the above forests and fields is “each of the instant land before division.”

2) The sales contract for purchase (hereinafter referred to as “instant sales contract”)

(2) The Plaintiff entered into the instant sales contract and the revised special agreement on March 6, 2014 (hereinafter “instant special agreement”).

(A) [Sales Contract] is defined as follows:

1. The E forest land of KRW 110,000,000 (Defendant C’s ownership) before dividing the D forest land into KRW 210,000 (Defendant B’s ownership);

2. Terms and conditions of the contract: The remainder of KRW 30,000 (payment on March 4, 2014) of the purchase price of KRW 420,000,000 (payment on March 4, 2014) and the special agreement on KRW 390,00,000 (payment on April 15, 2014 and simultaneously with bank loans).

1. The Plaintiff shall divide and return to the Defendants the land excluded from the building permit area (200 square meters, 264 square meters) among each of the instant land before the division.

2. The access road to the F complex which has obtained approval for use for the purpose of the existing permit shall be the date the buyer continues to use;

3. The remainder of the purchase price shall be paid in lump sum to the Defendants’ passbook in the event of a bank loan (pre-sale after a subsequent consultation). 4. The Plaintiff shall arrange for the change and provisional seizure of two graves in D forest land before the division. In addition, the Plaintiff shall not be liable for the problems prior to the date of this contract related to the land.

(5) The Defendants paid all necessary documents (such as transfer and receipt, certificate of personal seal impression, etc.) prior to the completion of construction permission and civil engineering permission on each of the instant land prior to the split-off, and indicated the Plaintiff’s sales contract in the instant case as the seller (the Defendant). However, the Plaintiff appears to have been in error of “Buyer” in the context before and after the split-off.

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