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(영문) 부산지방법원 2016.12.14 2016가합43868
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer with respect to shares 1,706/5, and 1,706/385/38 of shares among shares 1,706/38 and shares 1,706/38 of shares among shares of 1,385/38 and shares of 91.4 square meters of C road (hereinafter “instant road”); D and E, with respect to shares 1,386/5,00 of each of the above lands; and F, with respect to shares of 907/5,385 of each of the above lands.

On the other hand, the Plaintiff completed the registration of ownership transfer for the housing indicated in the attached Form No. 2 (hereinafter “instant building”).

1. In relation to the land B (Site), C (Road) in Busan Young-gu, Busan, E, the Plaintiff, and D shall sell to the Defendant each share and building on each of the above site and road, and the sale price of E and the Plaintiff shall be KRW 7 million per square and KRW 12 million per square, on the basis of the ordinary number of shares in the site.

(1) Shares in a housing site: E 138.59 square meters (41.92 square meters), A 170.59 square meters (51.59 square meters) and D 138.59 square meters (41.92 square meters) and (2) Road Shares: Since road shares are F shares, it shall be excluded from the sale amount.

Provided, That if the defendant solves the F's share within one year through litigation, etc., due to the situation where the F holds a part of the share on the above site and the road, E, plaintiff, and D shall actively cooperate in the procedure necessary for the above lawsuit.

2. The defendant concludes a provisional contract with E, the plaintiff, and D under the above conditions, and pays 10 million won as the provisional contract amount, and the defendant agrees not to raise any civil, criminal, administrative objection with respect to all matters related to the construction of the above neighboring site G, H, and I in the Young-gu Busan Metropolitan City G, H, and I.

3. If a suit against F’s share is not settled within one year, the Defendant shall waive the provisional contract amount under the above paragraph 2 and bear all the costs required for the suit.

In addition, civil, criminal and criminal matters concerning the occurrence of damage in relation to the main apartment construction work.

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