logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.07.06 2017가단23201
매매대금
Text

1. The Defendant’s KRW 90,000,000 as well as the annual rate of KRW 5% from August 4, 2017 to July 6, 2018 to the Plaintiff.

Reasons

On August 4, 2017, the Defendant sold 300 square meters (hereinafter “instant forest”) out of 3,136 square meters and D 12,947 square meters (hereinafter “Defendant’s forest”) owned by the Defendant to the Plaintiff on August 3, 2017, for KRW 90,000 (hereinafter “instant contract”). The special terms and conditions include ① the completion of development activities within 75 days from the contract date; ② the procedures for the registration of ownership transfer in the Plaintiff’s name with respect to the instant forest by dividing the Defendant’s forest within 75 days from the contract date; ② the registration of the establishment of mortgage and the creation of superficies of the E association with respect to the instant forest owned by the Defendant; ③ the registration of the establishment of superficies in relation to the mortgagee’s forest shall be revoked; ③ the registration of the establishment of mortgage and the establishment of superficies in relation to the Defendant’s forest shall be set at KRW 150,00,000 and the Plaintiff’s registration of the establishment of mortgage.

- On August 4, 2017, the Plaintiff paid the purchase price of KRW 90,00,000 to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 4 (which includes the number of branch numbers; hereinafter the same shall apply), witness F, G's testimony, and the ground for claim of the whole purport of the pleadings, according to the sales contract of this case, the defendant is obligated to divide the forest of this case into the plaintiff by October 17, 2017, 75 days from the date of the contract, and implement the procedure for the registration of ownership transfer to the plaintiff by cancelling the registration of the creation of neighboring mortgage and the registration of the creation of superficies established in the forest of this case, or to complete the registration of the creation of neighboring mortgage as to the defendant forest of this case with the maximum claim amount of KRW 150,00,000. Thus, there is no dispute between the parties that the above obligation has not been fulfilled until now, and the purport of this case and the ground for claim of this case, stating the plaintiff's expression of intent to cancel the sales

arrow