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(영문) 울산지방법원 2014.08.12 2013가단26974
가등기에 기한 본등기절차이행
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Defendant is the owner of Ulsan-gu, Ulsan-gu, 19 square meters prior to C (hereinafter “instant land”).

B. On May 17, 2013, the Defendant entered into a sales contract with the Plaintiff to sell the instant land at KRW 97 million (hereinafter “instant sales contract”). As to the payment of the purchase price, the Plaintiff agreed to pay the Defendant a down payment of KRW 10 million on the date of the contract, and the Defendant paid the intermediate payment of KRW 17 million at the time of reorganization of provisional seizure (the provisional seizure of KRW 5 million in claim amount D, and KRW 12 million in claim amount) completed on the instant land (the contract includes “construction and registration”), and the remainder of KRW 10 million in payment at the time of completion of the registration of the instant land. The Plaintiff agreed to pay KRW 60 million in loan obligations against the Defendant’s Ulsan Livestock Industry Cooperatives.

The sales contract of this case contains a special agreement stating "the remainder payment at the time of acquisition of building permission".

B. On May 17, 2013, the Plaintiff entered into a contract with G Co., Ltd. (hereinafter “G”) that newly constructs a commercial building on the instant land at KRW 120 million (hereinafter “instant construction contract”). With respect to the payment of the construction cost, the Plaintiff paid KRW 12 million to F on the date of the contract, and paid KRW 24 million upon the completion of provisional registration of the instant land; KRW 36 million on the completion of the floor of the first floor; and the remainder shall be paid under consultation.

C. On May 20, 2013, the Plaintiff paid 1 million won to the Defendant the down payment, and paid 1.2 million won for provisional registration. On May 22, 2013, the Ulsan District Court’s mid-gu registry office received on May 22, 2013, and completed the provisional registration of the Plaintiff’s right to claim a transfer of ownership (hereinafter “the provisional registration of this case”).

On May 23, 2013, the Plaintiff issued a down payment of KRW 10 million to the Defendant of the instant sales contract.

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