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(영문) 수원지방법원안양지원 2017.10.13 2015가합103758
소유권말소등기
Text

1. Defendant B and E shall jointly pay KRW 100,000 to the Plaintiff.

2. The plaintiff's remainder against the defendant B and E respectively.

Reasons

1. Basic facts

A. On August 20, 2012, the Plaintiff, as a constructor, constructed an aggregate building of 16 households on the 4th floor above the name of “G” on the 3rd premises of Ansan-gu, Ansan-si, and completed registration of initial ownership as to the building’s heading room (hereinafter “instant building” and each heading room of the building) on August 20, 2012.

B. On February 18, 2013, the Plaintiff drafted a written agreement between Defendant B and the seller, as follows (hereinafter “first agreement”).

1. The Defendant B-owner, Defendant B-owner, who owned the Plaintiff F, H, I, J building 104, and the Plaintiff, 204, C-L L, M, N,O, P, Q, Q, R, T, and U;

2. The plaintiff: Gap, defendant B, and E: Eul

3. In the transaction between A and B with respect to the article above address, Gap set up the collateral security amounting to 800 million won on the article above address, and Gap shall transfer to the name designated by Eul, 104 and 204.

4. The total purchase price of the goods (16 debentures totaled at the above address) of Party A shall be nine billion won, and the tax on the amount exceeding nine billion won shall be responsible for and settled the accounts of Party B.

5.104 and 204 contracts shall be the primary contract, and the second contract from the date of the first contract shall be 20 days, and the third contract shall be 60 days, respectively.

6. In the event that there is no additional transaction within 20 days of the contract date for the remainder after the contract transaction of Nos. 104 and 204 of Party A, Party B shall compensate Party A for damages of KRW 1,490,000,000.

7. The remaining households, other than heading 104 and 204, shall settle all amounts as the contract date of the last generation within five months and may settle any amounts at any time even before five months, under the agreement between A and B.

8. In the case of settlement, the amount to be settled shall be calculated with the average value per household (562,00,000 won).

9. At the time of settlement of accounts, the interior works per household shall be subtracted from the existing standards for interior expenses of heading 102, 202, 302 and 402; and

10. A may sell at any time a part of household units.

11.No. B, No. 104, 204

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