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(영문) 서울중앙지방법원 2014.12.17 2014가합18129
소유권말소등기
Text

1. The defendant on December 8, 2009 to the plaintiffs as to each real estate listed in the separate sheet of Suwon District Court.

Reasons

1. Basic facts

A. On November 9, 2007, the Plaintiffs and Korea Refrigerants Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the said company to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”), and as to the price and time set below.

The purchase price is 13.2 billion won (the contract amount of KRW 1.5 billion, the intermediate payment of KRW 3.5 billion, the balance of KRW 8.2 billion).

(Article 1) The outstanding payment date of the purchase price shall be the date 37 months have elapsed from the date on which the non-party company completed the district unit plan (including the relevant authorization and permission matters) with respect to each real estate of this case and the construction work is commenced in accordance with

(Article 2(1). If the outstanding payment date under Article 2(1) exceeds five years from the date of conclusion of the sales contract, the Plaintiffs may demand the payment of the remainder.

(2) Article 2(2) of the Act provides that when the non-party company pays part payments, the Plaintiffs set up a provisional registration to preserve the right to claim ownership transfer against the non-party company.

(Article 4). The non-party company may change the purchaser's name to a third party (including a natural person and a new corporation) designated by the above company for all or part of the real estate of this case.

(Paragraph 1). (b) of the special agreement.

Around August 2009, the Defendant succeeded to the status of the purchaser under the instant sales contract from the non-party company, and the Plaintiffs consented thereto, and as to the timing for payment, the “the confirmation of the purchaser’s succession” (hereinafter “the confirmation of succession”) written out in the “the confirmation of succession of this case”).

And the confirmation of succession of this case is accompanied by the sales contract of this case.

Some of the down payment and intermediate payment KRW 1.7 billion from the intermediate payment on August 27, 2009: KRW 1.8 billion from the intermediate payment on September 10, 2009: The remainder on October 30, 2009 (no public space exists).

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