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(영문) 수원지방법원평택지원 2016.12.15 2014가합1104
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 176,156,770 to the Defendant (Counterclaim Plaintiff) and its related amount from March 26, 2015 to December 15, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. A. Around December 2009, the Defendant delegated C’s representative director D with the authority to conduct all acts related to the construction of Pyeongtaek-si E, F, G, and H land and the disposal of the said land.

The location of land sales contract: Pyeongtaek-si E, F, G, and H (P) land: Article 1 (Sales Price) of the 635.45 square meters (including road shares) (1) of the 635.45 square meters (including road shares) shall be determined by the total amount of 857,00,000 won for four parcels.

(2) The buyer (I) shall pay 50,000,000 won per day to the seller (C) at the time of the contract.

(3) The amount of 512,00,000 Suhyup Loans shall be borne by the buyer including interest after the contract.

(5) The remainder shall be treated when settlement is completed after completion and shall be the highest payment rate for sales in lots or financing generation.

(q)The area shall be applied to the area on the public register, and shall be the re-Adjustment key with the area of survey related to subsequent sale.

Article 2 (Transfer of Ownership) A seller shall provide a buyer with all documents necessary for transfer of ownership at the same time as the balance is received.

Article 3 (Extinction of Liability for Real Estate) The seller shall terminate the problems that restrict the exercise of ownership, such as limited real rights, such as mortgages established on the above real estate, provisional seizure, provisional disposition, etc. by the time of transfer of registration.

Provided, That at the time of a contract, the seller shall attach the seller a letter of partial termination of the right to create the collateral security (J: 690,000 won) on the land above the other land at the time of the contract.

Article 4 (Bearing of Defects) Penalties in violation of the Farmland Act and other Acts and subordinate statutes that occurred before the transfer of ownership of the above real estate shall be disposed of immediately by the seller.

(v) the period of construction work under Article 6 (Adjustment) shall be five months after the conclusion of the contract with respect to the same season, and shall be to reduce the air to the maximum extent possible.

B. C (hereinafter “C”) and I Co., Ltd. (hereinafter “I”) whose representative director was the Plaintiff at the time are the Plaintiff’s company (hereinafter “I”) shall be the land listed in [Attachment List 1 through 5] around December 2009.

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