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(영문) 서울고등법원 2016.04.07 2015나20911
소유권이전등기
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff succeeding intervenor's claims are all dismissed.

3...

Reasons

1. Basic facts

A. Article 1 (Sale Price and Time) (1) of the Real Estate Sales Contract and the buyer, such as the conclusion of a sales contract, shall enter into an agreement between the seller and the buyer, as follows:

The purchase price: The intermediate payment of KRW 200 million (payment and receipt at the time of a contract): the balance of KRW 200 million (payment on the day of a month): Article 7 (Non-performance of Obligations and Compensation for Damages) of 200 million (payment on the day of a month) (1) in cases where any default under this contract has occurred on the seller (the defendant) or the buyer, the other party may demand in writing that the person who has failed to perform the obligation perform the contract, and cancel the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, if the buyer has neglected the contract, the down payment shall be confiscated, and if the seller has neglected the contract, the seller shall be liable to compensate for the double of the down payment.

Special Agreement Matters: This Agreement shall be concluded between the seller (the defendant) and the buyer (the plaintiff) by means of inserting the proviso (the time when the payment of the intermediate and the balance is made) through subsequent consultation. (1) The plaintiff shall be a stock company C (hereinafter referred to as "C") representing the defendant on October 19, 201.

B) Between Gyeonggi-gun and Gyeonggi-gun D Forest land 6,610 square meters (hereinafter “instant land”).

A) The sales contract was concluded to purchase KRW 600 million (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows. C received 200 million won down payment from the Plaintiff around the date of the instant sales contract. (2) The Defendant sent documents necessary for the registration of ownership transfer of the instant land to E judicial scrivener. On the date of the instant sales contract, C, representing the Defendant, notified the Plaintiff that all documents necessary for the registration of ownership transfer were kept by E judicial scrivener, and then C, which was one of the joint representative directors of the Plaintiff at the time of the instant sales contract, completed provisional registration of the right to claim ownership transfer registration of the instant land in F future.

3. The plaintiff was involved.

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