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(영문) 대구지방법원 2019.04.11 2018가단106019
소유권이전등기
Text

1. The Defendant received KRW 479,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) purchased the land of Jung-gu, Daegu-gu Ddong-gu and promoted the apartment reconstruction implementation project (hereinafter “instant implementation project”). The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. On November 28, 2014, the Defendant and the instant real estate located within the instant implementation project site: (a) purchased each of the instant real estate from the seller “Defendant”; and (b) the buyer “non-party 1” in the purchase price of KRW 755,00,000; and (c) down payment (10% of the purchase price) deposited at the bank account at the time of completion of the contract at least 85% of the entire land of the project site; and (d) the remainder (90% of the purchase price) entered into a sales agreement (hereinafter “instant agreement”) as follows, to be paid at the time of completion of the contract of the entire parcel after approval of the project or

Article 1 (General Provisions) In entering into an agreement of a sales contract, the agreement shall be entered into between the seller and the Defendant (hereinafter referred to as “A”) and one other (hereinafter referred to as “B”) on the following terms:

Article 3 (Indication of Real Estate) Article 4 (Sale Price)

(a) The total purchase price shall be seventy-five thousand won;

(b) Sales proceeds shall include all land (such as buildings and other facilities) and crops related to the sale and purchase real estate;

At the same time, the sales agreement is automatically converted into a regular sales contract at the time of deposit of the down payment bank account.

Article 10 (Transfer of Ownership) “A” shall issue all documents necessary for the transfer of ownership to a third party designated by “B” and shall bear the burden of “B” for the transfer of ownership in order to receive the balance of the purchase price and to smoothly carry out the business of “B” or “B”.

C. On November 29, 2014, C and the Defendant drafted an agreement with the following terms and conditions.

(hereinafter “instant agreement”). Both A (Defendant) and B (Defendant and 1g) are the parties.

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