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수원지방법원 2016.08.11 2015가합60729
소유권이전등기말소 등
Text

1. The Defendant’s KRW 14,106,081 as well as the Plaintiff’s KRW 5% per annum from December 11, 2015 to August 11, 2016.

Reasons

1. Basic facts

A. On November 22, 2013, the Plaintiff and A, and B entered into a sales contract with the Defendant for the following terms (hereinafter “instant sales contract”) by selling a total of KRW 11,477 square meters of forest land of 3, D, E, and F (hereinafter “instant forest land”) at KRW 2,000,000,000,000,000,0000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,

[General Contents of Contract] 1) 22 billion won of down payment shall be paid on the date of the contract. 2) The remainder 1.8 billion won of the contract shall be paid in accordance with the special agreement.

3) The damages for delay resulting from the delay of the balance shall be 3% per month. [Matters stipulated in a special contract] 2. (Permission and Civil Works) 1) The seller shall, at the request of the buyer, complete the license with the manufacturing place, excreta and waste disposal facilities.

Provided, That when the completion of authorization or permission is known, it shall be decided to terminate the contract after returning the down payment without both parties' penalty.

2) Before the transfer of ownership, the seller completes the civil engineering works (such as siteization, etc.) relating to this site before the transfer of ownership. 3) The seller’s internal construction works are completed at the completion of the seller’s completion.

Any balance of 3.3 (Price Payment) shall be the payment key within seven days from the date of completion of permission under the name of the purchaser.

B. On July 2014, the Defendant received approval for the establishment of a new factory in the instant forest from the Sungsung market.

C. On September 2014, the Plaintiff and the Defendant drafted a sales contract for the instant forest retroactively as of July 30, 2014, and revised the remainder payment date of the existing sales contract to September 22, 2014.

On September 22, 2014, the Defendant paid KRW 1.4 billion out of the remainder to the Plaintiff, and completed the registration of ownership transfer based on the sale and purchase of the instant forest land on July 30, 2014. On the same day, the remainder of KRW 418 million to the Plaintiff was at par value, and the due date was issued for promissory notes as of December 31, 2014.

E. The defendant is against the plaintiff.

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