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(영문) 울산지방법원 2017.10.19 2016가단27923
소유권이전등기
Text

1. The plaintiff's claim and the independent party intervenor's primary and conjunctive claim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Facts of recognition;

A. The Sejong-gu Co., Ltd. (hereinafter “Sover Young-gu”) is a company that operates civil engineering construction business, etc., and the Plaintiff is a company that operates housing construction business, etc., and the Defendant is the owner of Ulsan-gu B large-205 square meters (hereinafter “instant real estate”).

B. On March 11, 2006, the Plaintiff and tax officials (hereinafter collectively referred to as the “Plaintiffs, etc.”) concluded a contract with the Defendant to purchase all of the instant real estate and its ground buildings at KRW 1 billion (hereinafter referred to as the “instant sales contract”).

The main contents of the instant sales contract are as follows and Article 3 (Period of Payment and Establishment of Contract) of the Real Estate Sales Contract Act (1) The Defendant, the Plaintiff, etc. are well aware that the sales contract was concluded to promote apartment reconstruction project on a group of lots including real estate subject to sale and purchase (22,00 square meters).

(2) The payment of the purchase price shall be as follows:

However, since the plaintiff et al. purchases an apartment complex as a part of the apartment complex, the sales contract is effective when the plaintiff et al. pays the down payment to the defendant as a result of the completion of the reservation for the sales contract for the whole site subject to incorporation.

Article 5 (Transfer of Ownership) of the KRW 100,000,000,000,000 from the date of approval for the remaining 90,000 won to each account, immediately after a promise for the sales contract is completed for the entire site subject to 100,000,000 won of the payment of the divided amount, and the Defendant shall deliver the documents necessary for the transfer of ownership to the Plaintiff, etc. simultaneously with the remainder payment of the Plaintiff, etc., and the Plaintiff, etc. shall immediately register the transfer of ownership,

② The Defendant shall simultaneously pay the remainder of the original real estate to the Plaintiff, etc.

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