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(영문) 의정부지방법원 2016.06.17 2015가합2079
공탁금 출급청구권 확인
Text

1. On September 4, 2014, the Plaintiff entered the date of deposit in the complaint as “ August 1, 2014” but is a clerical error.

Reasons

1. Facts of recognition;

A. On December 26, 2002, the Plaintiff entered into a sales contract with C, 4,032 square meters in Nam-si, Nam-si (hereinafter “instant land”), 2,083/4,032 square meters in the 2,083/4,032 equity, F 1,226 square meters in the 764/1,226 equity, G 1,957 square meters in G, 1,636 square meters in H 321 square meters, and 745/1,957 square meters in the 2003 square meters in Nam-si, Nam-si (hereinafter “instant 321 square meters in the 2003, Apr. 9, 2003”), and each of the annexed 2 drawings to be newly constructed on the 205/1,957 square meters in the land (hereinafter “instant 1,500,000 square meters in the 204 square meters in the building”).

On the other hand, with the consent of I and J, the buildings listed in the attached list 1, 2, 3, and 4 are in the name of I, and the buildings listed in the attached list 3 and 4 were in the status of application for each building permit under the name of J, and the Plaintiff agreed to pay the intermediate payment and the balance to B when each building permit

(However, the nominal owner of the contract entered in K.). (B)

After that, the Plaintiff, upon receipt of the building permit for each building listed in the separate sheet No. 1 (hereinafter “each building of this case”), paid intermediate payments and remainder to B on April 19, 2003 (Provided, That the Plaintiff did not grant the building permit for the two above buildings except each building of this case among the separate sheet No. 2, so the Plaintiff and B reduced the amount of KRW 35 million under the agreement between the Plaintiff and B). Each building of this case is newly constructed on the Plaintiff’s responsibility with the burden of the Plaintiff. The transfer income tax for the land shall be borne by B until the completion of the building, and the transfer income tax for the increase in the officially announced value after the construction of the building was entered into an additional agreement with B to bear by the Plaintiff. Upon completion of the construction of each building of this case, B, after completing the preservation registration under the name of I and J, agreed to implement the registration of ownership transfer for the land of this case and each

C. The plaintiff around May 2003.

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