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(영문) 대전지방법원천안지원 2015.02.06 2014가합100996
수분양자지위보존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is the executor of the instant project (hereinafter “instant project”) that newly constructs and sells C (hereinafter “the instant building”) on the land outside B and five parcels of land in Yancheon-si, and the Plaintiff is a contractor awarded a contract for the construction of the instant building from re-security oil on March 28, 2003.

B. On April 22, 2004, the Defendant: (a) purchased B-story 101 (73.58 square meters of supplied area, 6.80 square meters of site area) of the instant building in the unit of KRW 173,02,00; (b) the Defendant shall pay 34,604,000 as contract deposit; (c) the intermediate payment shall be paid KRW 17,302,00 for five times each; (d) the remainder shall be paid KRW 51,907,00 for five times; (b) the B-story 102 (179.43 square meters of supplied area; 16.58 square meters of site area; and (e) the sales contract shall be sold in the unit of KRW 391,971,00,00 on 160; and (e) the sales contract shall be sold in the unit of KRW 390,394,000; and (e) the remainder shall be supplied in the unit of KRW 301630,1607.16.7.7

The main contents of the instant sales contract are as follows.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

5. The date of payment of remainder shall be the date of designation of shop occupants notified in writing separately.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, arrears, management fee, advance payment, etc. in full, and within one month from the date the public book of the re-expenses is completed.

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