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(영문) 울산지방법원 2017.07.12 2016가합1607
소유권이전등기
Text

1. The plaintiffs' claims and the independent party's claims are all dismissed.

2. The costs of lawsuit are due to the principal lawsuit.

Reasons

Basic facts are: (a) Plaintiff Young-gu Co., Ltd. (hereinafter “Plaintiff Young-gu”) is a company that runs a housing construction business, etc.; (b) Plaintiff Song-gu Co., Ltd. is a company that runs a civil engineering business, etc.; (c) the development of Song-gu Industries Development Co., Ltd. (hereinafter “Plaintiff Song-gu Development”); and (d) the Defendant is the owner of Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul, 205 square meters, and 154 square meters prior to D, which are real estate listed in the attached Table (hereinafter “instant 1 Real Estate”; (c) the instant 2 Real Estate; and (d) the instant 3 Real Estate; and (c) the same is referred to as “each of the instant real estate”).

On May 20, 2006, the Plaintiffs entered into a contract with the Defendant to purchase all of the instant real estate and its ground buildings at KRW 4,700,000 from the purchase price (hereinafter “instant contract”) in order to carry out the construction project of a primary complex building (hereinafter “instant new construction project”) in Ulsan-gu E, Ulsan-gu, and paid the Defendant the down payment of KRW 500,000,000 to the Defendant on the same day.

The main contents of the instant sales contract are as follows.

Article 3 (Time of Payment and Establishment of Contract) of the Real Estate Sales Contract (1) The defendant and the plaintiffs are well aware that the contract was concluded to promote the reconstruction project of apartments on a group of sites including real estate subject to sale and purchase (22,00 square meters).

The name of KRW 4,700,000,000, the down payment date of the divided amount of KRW 470,000,000,000 for the entire site to be incorporated into the Plaintiff Sejong, immediately after the completion of the reservation for a sales contract for the whole site to be incorporated into each account, which is the aggregate of KRW 4,230,00,000, or 60 or 0,700,000,000: the name of the Defendant, bank name, and bank number: F 2, the payment of the purchase price is as follows:

However, since the plaintiffs purchase the real estate as a part of an apartment complex, they have completed a reservation for the sales contract for the entire site subject to incorporation, and the plaintiffs have the down payment to the defendant.

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