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(영문) 서울고등법원 2018.05.04 2017나2056033
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this Court is stated in this part of the underlying facts are the same as the reasons why the judgment of the court of first instance is rendered, except in the following cases, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 13th of the second judgment of the court of first instance shall be amended as follows:

1. Agreement prior to permission to establish access roads to real estate;

A. The Plaintiff shall bear the costs for examining the feasibility of the instant real estate and the relevant authorization and permission costs, and the Plaintiff shall act on behalf of the Plaintiff.

C. The authorization and permission period, such as the construction of a road, is from May 20, 2012 to September 20, 2012, and the said period may not be extended for any reason, if this period is Do, and both the Plaintiff and the Defendant shall be null and void.

2. Agreements between the time the construction work is completed after permission, such as access roads;

A. The Plaintiff shall perform the construction work within one month after the permission for access road construction, and the construction period shall be completed within three months after the date of the construction work, and where the construction is delayed, one month shall be extended, but 20% per annum shall be paid as interest for delay in one month.

B. If the construction period of four months has elapsed, this Convention is terminated, and between which the costs of construction incurred by the Plaintiff cannot be claimed to the Defendant and the waiver thereof.

3. Agreement on a real estate sales contract after the completion of access roads;

A. After completion of the construction, the Plaintiff and the Defendant concluded the sales contract for the attached real estate amounting to KRW 1.3 billion.

B. The time limit for the payment of the above purchase price shall be twenty (20) days from the date of the sales contract.

The first instance court’s judgment 3th 9th eth eth eth eth eth eth eth eth eth eth

The judgment of the first instance court No. 3 appears to be “ June 20, 2012” in the 12th sentence as “ June 20, 2013.”

The following shall be added to 2 pages 4 of the judgment of the first instance.

H. Meanwhile, the Plaintiff is listed in the separate sheet among the instant real estate 1.

5. With respect to real estate, G shall make a provisional registration of the right to claim transfer of ownership on the ground of the reservation made on July 17, 2015.

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