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(영문) 서울고등법원(춘천) 2016.12.21 2016나1132
소유권이전등기
Text

1. All of the plaintiffs' claims against the defendants that were changed in exchange in the trial are dismissed.

2...

Reasons

(a) 9/16 of the real estate is owned by 9/16 and 7/16 of the real estate in Schedule II.

Plaintiff

On April 30, 2015, the Plaintiff Company entered into a contract with the Defendants to purchase each of the instant real estate owned by the Defendants from the Defendants (hereinafter “instant contract”) and paid the Defendants the down payment amount of KRW 3.8 billion on the same day.

The main contents of the instant contract relating to the instant case are as follows.

2.As to the sale of the above real estate, Article 1 (Purpose, etc.) of the Terms and Conditions of the Contract, the seller and the buyer shall pay the sales amount by agreement as follows:

The sale price shall be KRW 4,800,000,000, and approximately KRW 300,000,000,000 shall be paid on April 30, 2015, and the remaining gold KRW 4,50,000,00 shall be paid on July 31, 2015.

However, it can be executed by somewhat adjusting the balance date by agreement.

*Special Agreement

B. In order to obtain a seller’s transfer of ownership (D), the buyer cooperates in the issuance of documents by way of executing in advance the transfer income tax of the seller’s shares from the purchase price even before the balance date.

Article 2 (Transfer of Ownership, etc.)

A. A seller shall pay all the documents required for the registration of transfer of ownership at the same time as the receipt of any balance on the date of payment of the purchase price and deliver real estate.

Provided, That the purchaser may receive the transfer of ownership in a separate corporation (SPC) at the time of transfer of ownership.

(b) The buyer is required to conclude a separate agreement with the seller because the buyer’s purpose of the purchase of the land is to develop the land, and the agreement shall be drawn up and attached to this Agreement as set out in Appendix 1.

Article 6 (Non-performance of Obligations and Compensation for Damages) One of the parties to a contract may, if the other party has defaulted any obligation under this contract, notify the other party in writing, in a reasonable period fixed and rescind

(b)in this case.

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