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(영문) 수원지방법원성남지원 2016.10.12 2014가합206408
소유권이전등기
Text

1. The counterclaim of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s claim against the defendants is dismissed, respectively.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) jointly purchased the land and decided to newly construct and sell multi-household housing on the said ground, and the Defendant’s land F, G, and H (F land was divided into I, J, K, and L land on February 19, 201, and the remainder of F land after division was divided into G, H land on September 20, 201, and was divided and combined several occasions. Based on F, G, and H land at the time of May 4, 2009, the Plaintiff intended to purchase all the land whose lot number and area were changed through the process of subsequent subdivision and annexation from the said land (hereinafter “instant land”).

Accordingly, on May 4, 2009, the Plaintiff et al. entered into a real estate sales contract (hereinafter “instant primary contract”) with Defendant B with the following content (hereinafter “instant primary contract”) (the Plaintiff et al. paid the down payment of KRW 450 million to Defendant B and Defendant B.

Section 1 (Purpose of this Agreement) This Agreement shall be concluded for the purpose of purchasing real estate owned by Section B and constructing and selling to the general public collective housing on the ground thereof.

Article 2 (Sale Price and Method of Payment)

1. The sales price shall be KRW 1,189,217, and the total price shall be KRW 4.5 billion;

2. At the time of the contract for the payment method, 450 million won as down payment, and 1 billion won as the first intermediate payment out of the purchase price after completion of the construction permit, shall be paid to Gap by obtaining bank loans, and any balance of 3.55 billion won shall be paid within 30 days after obtaining a pre-use inspection after completion of the construction work.

3.The first installment financing amount shall be paid with the land of Party B by acquiring the loan from Party B, and all the costs arising therefrom shall be borne by Party B after the repayment of the loan and until after termination.

Article 4 (Cancellation of Ownership and Other Rights)

1. A shall provide B with all all documents, etc., which enable B to obtain the building permit at the same time as the down payment is received, so that A may obtain the building permit immediately; and

2. The building permission shall be based on B.

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