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(영문) 광주지방법원목포지원 2015.06.18 2014가합1350
소유권이전등기
Text

1. The Defendant limited liability company Korea shall pay to the Plaintiff KRW 78,00,000 and the full payment with respect thereto from July 17, 2014.

Reasons

1. Basic facts

A. On August 31, 2004, the Plaintiff’s agent C entered into a contract to purchase 4,001 square meters (30,000,000 won on the date of the contract, intermediate payment of KRW 130,000,000,000,000, out of 170 square meters of each of the instant real estate and the instant real estate and the west-gun, Nam-gun (hereinafter “instant sales contract”) with Defendant Korea Korea Ltd’s agent D and Defendant B (around September 30, 2004, the remainder of KRW 10,000,000,000, not later than October 30, 2004) (hereinafter “instant sales contract”).

B. According to the instant sales contract, the Plaintiff paid 115,00,000 won out of the down payment and the intermediate payment of KRW 30,000,000 to E representing the Defendants respectively. However, until October 30, 2004, the Plaintiff failed to pay KRW 115,00,000 in total of the remainder intermediate payments and the remainder to E.

C. On August 7, 2007, the Plaintiff drafted the instant agreement with E on behalf of the Defendants, and the contents related to the instant case are as follows.

1. On August 30, 2004, Party A (E) and Party B entered into a contract with approximately KRW 260,001 of the purchase price of each of the instant real estate at KRW 260,000,000,000, and Party B paid KRW 145,000 as the intermediate payment and KRW 115,00,000 as the intermediate payment. However, Party B entered into an agreement with both parties on August 7, 2007 to comply with the terms and conditions of the contract at the time, and attach a written contract at the later date.

(2) On the other hand, A shall transfer to B the land equivalent to KRW 145,00,00 received from B (each of the instant real property) 2,230,000, and submit to G all the documents, such as seal impressions, etc. necessary for land development activities, to B, and actively cooperate in B’s affairs.

5. The registration title of each real estate of this case is the defendants, but in fact, the land right is Gap, and therefore, Eul must confirm it and not raise any objection.

Provided, That the shares in the construction cost due to development activities shall be the shares of Party A.

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