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(영문) 대구고등법원 2016.02.03 2015나20880
담장(휀스)철거 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. Basic facts

A. On September 21, 201, the Defendant entered into a sales contract with the Dobong Saemaeul Community Fund (hereinafter “former Community Fund”) on September 21, 201 to conduct the construction and sale business of a primary complex building. The Defendant entered into a sales contract with the said treasury to purchase the said land from the said treasury for KRW 16 billion (hereinafter “instant land, etc.”).

The main contents of the first sale contract are as follows:

(No. 2) The sale price under section 2 (Sales Price, etc.) shall be in cash, and the payment method shall be determined as follows:

1) The purchase price shall be one hundred billion Won (Won 16,00,000,000). 2) The contract deposit shall be the KRW 500,000 (Won 500,000,000) and the buyer shall pay to the seller in cash at the same time as this contract is made.

3) The balance shall be paid at the same time with the amount obtained by subtracting the contract deposit of KRW 500,000,000 (Won 16,000,000) from the purchase price of KRW 16,000,000 (Won 500,000) at the same time after the authorization, permission, and the selection of the contractor, and at the same time, the period shall be March 21, 2012. (4) The balance may be adjusted only once if mutual agreement is reached between the parties that the balance will not be paid by March 21, 2012, which is the remainder payment date.

Article 3 (Registration of Transfer of Ownership, etc.) Any seller shall provide the buyer or any person designated by him with all the documents pertaining to the delivery of the goods to be sold and the registration of transfer of ownership through the simultaneous performance of the purchase price received from the buyer in full.

Article 8 (Matters of Cooperation by Seller) 1 The above credit cooperative is for the defendant to permit the construction for the development project of sales goods and all kinds of authorizations.

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