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(영문) 춘천지방법원강릉지원 2014.06.12 2012가합1347
소유권말소등기
Text

1. As to KRW 414,661,653 among the Plaintiff-Counterclaim Plaintiff and KRW 200,000,000 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff (Counterclaim Defendant) was on July 26, 2012.

Reasons

1. Basic facts

A. On May 19, 2003, the Plaintiff sold 1,000 square meters of Gangseo-si D Forest (hereinafter “Gu forest”) to the Defendant as a pent site. On April 30, 2004, the Plaintiff registered the ownership transfer registration of Defendant 3,305.8 square meters (hereinafter “the instant forest”) out of 3,305 square meters (hereinafter “the instant forest”) in terms of ensuring the Defendant’s performance of the above 1,000 square meters since the Gu forest was not yet subdivided into a pent site. As such, the Plaintiff registered the ownership transfer registration of Defendant 35,107 square meters of forest E (hereinafter “the instant forest”) in terms of ensuring the Defendant’s performance of the above 1,000 square meters transfer obligation (hereinafter “the instant contract”).

Article 2 (Purchase Price of Real Estate) The purchase price of real estate under Article 1 sold to B (Defendant) shall be KRW 100,000 per square meter, and the total sale price shall be KRW 100,000,000.

Article 3 (Payment of Sale Price of Real Estate) (1) Subject to the payment of the cost of civil engineering construction, 2.50,000 won per square meter shall be treated at that time under an agreement between A and B.

(2) 65 million won shall be already received on May 19, 2003, and any balance 35 million won shall be paid on July 30, 2003.

(3) If the price is not paid on the fixed date set by Section B, the damages for delay calculated at the rate of 14% per annum shall be paid plus the damages for delay.

Article 4 (Obligation to Develop Land A and to Cooperate B) (1) The Plaintiff is obligated to designate the forest of this case as a zone for the development of the pension and to perform the alteration of land use, construction of complex infrastructure (public facilities, such as civil engineering works, roads, water supply and drainage works, parking lots, etc.) for the development of land.

The current land for sale shall be E, and the seaside land shall be changed to D at the time of development.

B. The terms of the instant sales contract are as follows.

C. The Gu forest was divided into G, H, I, etc. on January 22, 2009, and the Plaintiff designated by the Defendant, in the name of the Defendant’s sonJ, H, 425 square meters on August 22, 2008, I large 342 square meters on January 7, 2010, and G forest land 7,631 square meters.

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