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(영문) 대구지방법원경주지원 2017.10.26 2016가합2901
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 19, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate (hereinafter “instant real estate”) from the Defendant for KRW 15.7 billion (Evidence A; hereinafter “instant sales contract”). The key contents are as follows.

Article 4 (Time to Pay Purchase-Price) After approval for a project, lump-sum payment shall be made with the financial resources of the PF, and the time of payment shall be the time the first PF fund arises.

Article 5 (Transfer of Ownership and Bearing of Expenses) The registration of transfer of ownership of the real estate in this case shall be made after the approval of a new development project progress in the above real estate is granted. The defendant and the plaintiff gather in the office of the same attorney-at-law (or certified judicial scrivener). The defendant deliver all documents for application for transfer of ownership to the plaintiff in return for payment of the price under Article 4,

Article 12 (Matters of Special Agreement) The following matters other than those of the General Agreement shall be prescribed as the special agreement, and if there is any conflict between the General Matters and the special agreement, the matters of the special agreement shall be preferentially applied:

1) The sales contract is for the development project of the above land, and is to change the contractor to SPC at the request of the plaintiff before the implementation of the project. However, the contents of the contract are not changed. 2) The plaintiff may make conditional acceptance of other obligations 2.7 billion won other than those of the defendant's 7.7 billion won. In this case, the actual payment of the purchase price of the land is 13 billion won, and the financial costs before the registration of the land is transferred to the plaintiff.

Provided, That the plaintiff may accept a conditional debt equivalent to the debt list provided by the defendant, and the defendant shall be responsible for the amount different from the list and the contingent claim.

B. The Plaintiff and the Defendant: (a) on July 19, 2016, the instant real estate is a project for constructing and selling multi-family housing with local characteristics.

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