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(영문) 광주지방법원 2018.11.01 2017가합59883
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The defendant is the owner of each land listed in the attached Table 2 list (hereinafter referred to as "each land of this case").

The Plaintiff recommended the Defendant to sell each of the instant land to the Plaintiff, while carrying out a new apartment construction project, such as attached Table 1, on the ground of a total of 12,931 square meters of land around Gwangju Mine-gu, including each of the instant land (hereinafter “instant site”).

The Plaintiff and the Defendant entered into a pre-sale agreement on each of the instant land (hereinafter “instant contract”) around the end of December, 2015, and the main contents of the instant contract are as follows.

A reservation to sell and purchase real estate;

1. Land to be indicated as real estate: All of the ground buildings and ground objects on each land of this case;

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

The bank account number within a month after the date of the approval of the project plan for the original gold business site of the Do gold 95% or more of the Do gold 100s of the total gold 100s of the purchase price: The deposit account number: Defendant 2 (Effect of Contracts) shall deposit the down payment in the above designated account, and the deposit shall become effective at the same time as this contract is deposited.

(A) The depositee of the contract shall be appointed as the contractor: Provided, That when the seller does not allow the sale after the subscription, it shall be dealt with after the deposit.

Article 5 (Compensation for Damages) If a seller renounces the performance of a contract or sells it to a third party, and the buyer's business progress is hindered, the seller shall compensate for the total amount of the prospective project site in progress by the buyer as damages.

Article 6 (Duty of Cooperation) The seller shall submit to the buyer all documents necessary for the authorization and permission of the housing construction project plan after this contract.

Special terms and conditions: (after consultation on the establishment of an urban planning on the side of the primary site for D apartment in C).

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