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(영문) 청주지방법원 2017.01.31 2015나11084
소유권이전등기절차이행 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff, Defendant B, and each of the lands listed in attached Tables 1, 3 through 5, and 9.

Reasons

1. Basic facts

A. On March 4, 2014, the Plaintiff entered into a sales contract between the Plaintiff and the Defendants, from the Defendants, a sales contract (hereinafter “instant sales contract”) with the content that the land listed in the attached Tables 1 and 2, listed in the attached Tables 1 and 2 (hereinafter referred to as “instant land”; the land listed in the attached Table 2, listed in the attached Tables 1 and 2 before the division, and the land listed in the attached Tables 1 and 2, to purchase each of the instant land before the division (hereinafter “each of the instant land”). The main contents of the instant sales contract and the revised special agreement around March 6, 2014, are as follows.

A sales contract (land and a right to permit a project)

1. The land indicated in this case 210,000,000 won (Defendant B’s ownership) for the land indicated in this case 110,000,000 won (Defendant C’s ownership);

2. Terms and conditions of the contract: The remainder of KRW 30,000 (payment on March 4, 2014) of the purchase price of KRW 420,000,000 (payment on March 4, 2014) and the special agreement on KRW 390,00,000 (payment on April 15, 2014 and simultaneously with bank loans).

1. The Plaintiff shall divide and return to the Defendants the land excluded from the building permit area (200 square meters, 264 square meters) among each of the instant land before the division.

3. The remainder of the purchase price shall be paid in a lump sum by the Defendants’ passbook in the event of bank loans (pre-determined after consultation). 4. The Plaintiff’s relocation and provisional seizure of two graves on the ground of the instant land shall be arranged. In addition, the Plaintiff shall not be liable for the problems prior to the date of this contract related to the instant land.

(5) The Defendants paid all necessary documents (such as transfer and receipt, certificate of personal seal impression, etc.) prior to the completion of construction permission and civil engineering permission on each of the instant land prior to the split-off, and indicated the Plaintiff’s sales contract in the instant case as the seller (the Defendant). However, the Plaintiff appears to have been in error of “Buyer” in the context before and after the split-off.

It shall be delivered to the Plaintiff, and it shall be related to each of the instant land before subdivision.

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