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(영문) 창원지방법원마산지원 2019.07.16 2019가단101239
기타(금전)
Text

1. The Defendant is limited to the Plaintiff’s sales on October 4, 2012, with respect to the 52m2 square meters in macro-si.

Reasons

1. Basic facts

A. On April 2012, E, the husband of D, the representative director of the Plaintiff, purchased 4 lots of land, such as G, G, etc. (hereinafter “instant site”) from F, in the price of KRW 3.2 billion, and paid the F the down payment of KRW 320 million.

After that, the Plaintiff promoted a housing construction project that newly constructs a row house, etc. on the instant project site (hereinafter “instant project”).

B. The Plaintiff intended to purchase the land indicated in Paragraph (1) of the Disposition, which was owned by the Defendant, adjacent to the instant project site, because access roads are necessary during the process of implementing the instant project (hereinafter “instant land”).

However, since the Defendant was running a telecom business at the instant business site and a place adjacent to the instant land, it is difficult to access the telecom and use the instant land as a telecom parking lot, and there is a risk of damage to the instant business itself due to vibration, noise, etc. during construction.

C. On October 4, 2012, the Plaintiff concluded a real estate sales contract stating that the Plaintiff purchased the instant land from the Defendant and paid KRW 170 million to the Defendant as business compensation for the obstruction of the telecom business.

(2) The details of the sale are as follows:

Article 1 (Purpose) of the Real Estate Sales Contract (Purpose) The seller and the buyer shall pay the purchase price in accordance with an agreement as follows with respect to the sale of the instant land.

The remainder of KRW 20 million paid and received at the time of the contract shall be paid at the time of the contract and paid on October 31, 2012.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be October 31, 2012.

Matters of special agreement

1. The buyer shall be an apartment house;

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