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(영문) 의정부지방법원고양지원 2014.07.17 2013가합5848
건축주명의변경
Text

1. As to the building permit stated in the attached list to the Plaintiff, the Defendant shall cause the transfer of the attached list to the Plaintiff on December 18, 2012.

Reasons

1. Basic facts

A. On April 18, 2012, the Defendant obtained a building permit (hereinafter “instant building permit”) in relation to the construction of the said C forest land as indicated in the attached list from the head of Goyang-si, Yangyang-gu, Yangyang-gu, Yangyang-gu, and C forest land 61,461 square meters and C forest 34,909 square meters (hereinafter “instant real estate”).

B. After December 18, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate (hereinafter “instant sales contract”), and the relevant parts of the terms of the contract are as follows.

C. Foods

2.(1) Payment shall be made simultaneously with a contract of KRW 5 billion (2) 1.5 billion down payment.

(3) The intermediate payment of KRW 1 billion shall be paid within two months after the contract is concluded.

(4) Any balance of KRW 2.5 billion shall be paid within six months after the contract is concluded.

3. Special terms and conditions (1) 1.5 billion won of the down payment are stipulated by the Plaintiff seller, but it is reasonable to see it as the buyer’s mistake.

The following parts were corrected in the same way as the same error in the content of the contract. A direct cancellation of auction by creditors D and E, and a cancellation of provisional seizure by creditors F, shall be appropriated to the amount of deposit for cancellation of provisional seizure by creditors F, and the remainder shall be paid to the defendant.

(2) The defendant issues all documents concerning the transfer of registration to the plaintiff simultaneously with the contract, and the defendant shall immediately complete the registration of transfer.

(3) Upon completion of the ownership registration, the Plaintiff’s auction and collateral security in progress on the said land shall replace the loan to another financial institution without delay.

(4) If the loan of the Nonghyup Bank is fully paid, the Plaintiff shall exercise the right to collateral security against a third party designated by the Defendant, with the amount obtained by deducting the full payment of the loan from the intermediate payment and the balance payable to the Defendant.

(5) The Defendant changed the person entitled to the instant building permit to the Plaintiff, and the Plaintiff granted a building permit exceeding 300 square meters (land 1,500 square meters) of the ground building B.

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