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(영문) 인천지방법원부천지원 2012.12.12 2011가합7085
가등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased land owned by Defendant C, F, G, H, H land owned by Defendant C, J, and K (hereinafter “instant land”) as a business site to conduct a new construction project of multi-household housing. First of all, after obtaining a construction permit under the name of land owner, the Plaintiff agreed to have each of the above land and buildings transferred after the completion of multi-household housing.

B. Accordingly, on January 18, 201, the Plaintiff entered into a sales contract for the instant land with Defendant B and C (hereinafter “instant sales contract”) and paid the down payment of KRW 100 million on the same day. The main contents of the said sales contract are as follows.

On the other hand, Defendant D was a L representative Co., Ltd. in charge of the construction design of a new multi-household house, and participated in the capacity of the custodian of the changed name of the building at the time of the instant sales contract.

Article 2 (Duties of the Plaintiff and Defendants)

1. Defendant B and C’s obligation 1) The present brick factory will be transferred before the initial permission is granted. 2) The building’s destruction of the existing building in the project site and the purchase of the said J and K’s land and the first removal of ownership before the initial permission is granted. G and H land also provide the project site before the initial permission is granted.

3) Cooperation in the implementation of a project and civil petition documents shall be provided to the Plaintiff (in the status of a third-party security offerer before and after the receipt of authorization, provide all documents, such as a written consent for land use necessary for the provision of security for trust and other finance, and building permission for four parcels of land.

4) Within 20 days after the final licence, the owner’s change of ownership and the transfer of ownership for 4 parcels are submitted to the design office, along with the settlement of the balance of land costs within 20 days after the final licence, and the design office is conducted in the presence of the Plaintiff, Defendant B and C, thereby ensuring the fairness.

2. The Plaintiff’s duty to purchase land as a purchaser shall be exercised in subrogation of Defendant B and C before the remainder of the land.

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