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(영문) 수원지방법원평택지원 2016.05.12 2014가합2916
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.The buyer of Article 2 of the Decree shall pay the purchase price as follows:

The purchase price of KRW 1,457,50,000 shall be paid at the time of a contract and the second down payment of KRW 40,000,000 shall be paid at the time of a contract, and the second down payment of KRW 40,000 shall be paid at June 13, 2006.

Any balance of KRW 1,257,500,000 shall be paid on December 29, 2006.

Article 3 Names of real estate shall be December 29, 2006.

Documents necessary for the procedures for permission for the development of special agreement shall be delivered to the purchaser simultaneously with the conclusion of the contract, and actively cooperate with the development permission.

When a buyer neglects the procedure for permission for development or refuses to grant permission, the seller shall lose the down payment, and the buyer shall not raise an objection.

The standard amount of capital gains tax shall be 500,000 won per square meter.

The buyer shall pay the balance at the payment place, regardless of the balance date immediately after the development permission is granted.

The buyer shall bear all the charges due to the development permission costs and the development permission, and shall not claim the seller.

On June 2, 2006, the Plaintiffs, whose father and son were the owners of the land listed in the separate sheet No. 2 (hereinafter “each of the instant lands”) and entered into a sales contract with the Defendants, whose father and son were to purchase each of the instant lands from the Defendants (hereinafter “instant contract”).

B. The Plaintiff paid the down payment of KRW 15,00,000 to Defendant C, KRW 130,000 on April 12, 2006, KRW 130,000 on May 26, 2006, and KRW 15,000 on May 30, 2006.

C. Meanwhile, around August 17, 2007, Plaintiff A obtained permission for conversion of a mountainous district from the head of Pyeongtaek-si to the land specified in attached Table 1 to 3 of the attached Table 2.

Around October 24, 2008, the said permission for mountainous district conversion was changed from Plaintiff A to Plaintiff B and Nonparty E, and the period of permission extended on November 30, 2010 to November 29, 2012.

In addition, the plaintiff A obtained permission from the head of Pyeongtaek-si on July 2, 2007 to engage in the development activities for the land listed in the attached Table 2 List 4.

The above permission for development activities is made on October 22, 2008 from Plaintiff A to Plaintiff B and Nonparty E.

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