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(영문) 수원지방법원 2019.05.02 2018나66401
소유권이전등기청구권 부존재확인 청구
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1. The counterclaim Defendant is 5% per annum from November 15, 2018 to May 2, 2019, with respect to KRW 100,000 to the counterclaim Plaintiff.

Reasons

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff entered into a sales contract with the counterclaim Defendant with respect to the area of 1,749 square meters and the area of 96 square meters and the area of 1,749 square meters and the area of 96 square meters and the area of each of the instant lands owned by the counterclaim Defendant (hereinafter “instant contract”).

(1) KRW 900 million for the purchase price (i.e., KRW 100 million for the contract of down payment) (i.e., intermediate payment KRW 200 million on August 15, 2016 (3) the remainder of KRW 600 million on November 1, 2016): The seller shall provide all documents to obtain the said authorization/permission for the development activities.

However, all expenses incurred thereby shall be borne by the buyer.

B. On July 1, 2016 and July 4, 2016, the Counterclaim Plaintiff paid the down payment amount of KRW 100 million to the counterclaim Defendant, and the said intermediate payment payment was not made at all even after the date of the remainder payment payment.

C. Accordingly, on November 10, 2016, the counterclaim and the counterclaim Defendant agreed to change the payment date of the intermediate payment under the instant contract to November 30, 2016, and the remainder payment date to January 16, 2017, with a special agreement entered into, “In the event the buyer pays the intermediate payment by the intermediate payment deadline, the contract shall be terminated and the down payment shall be paid as penalty.”

However, on November 30, 2016, the payment date of the intermediate payment, the Plaintiff transferred only KRW 100 million out of the intermediate payment to the counterclaim Defendant on December 1, 2016, on the following day.

E. Meanwhile, in formulating an urban management plan on the whole land of this case, the head of Pyeongtaek-si submitted a draft of the relevant urban management plan to the Governor of the Gyeonggi-do after going through the process of publicly announcing the relevant contents in E, etc. three times from June 2015 to September 2015 in order to hear residents’ opinions. On March 2, 2017, the Governor of the Gyeonggi-do publicly announced the determination of the G urban management plan (urban area) and approval of topographic drawings as the F of the Gyeonggi-do Notice of Pyeongtaek-si.

Accordingly, each land of this case is located in the planned management area.

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