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(영문) 부산지방법원 2018.02.22 2017가합44158
소유권이전등기
Text

1. The plaintiffs' primary claims are dismissed, and the conjunctive claim part of the lawsuit in this case is dismissed.

2...

Reasons

Basic Facts

A. The Plaintiffs are co-implementers of housing construction projects with the contents of constructing apartment houses on the land of Busan Dong-gu G (hereinafter “instant construction projects”), and the Defendants are owners of each real estate listed in the attached Table located within the said project zone.

B. Around November 30, 2005, Defendant D entered into an agreement with the Plaintiff Co., Ltd. (hereinafter “B”) on each real estate stated in Articles 2., 3. and 5,700,000 won on the following terms and conditions: (a) around December 30, 2005; and (b) around December 2005; and (c) around December 3, 2005, with respect to each real estate

In order to establish APT in real estate (tentative name I) of the above indication A, Defendant E: The following trade agreements are made between Plaintiff B’s representative director H and Party B. In order to establish APT in real estate (tentative name) of the above indication A.

- - sound;

1. A shall agree to B at the same time as this Agreement provides for matters necessary for approval for a project, such as district unit planning, construction deliberation, and traffic impact assessment;

2. Scheduled date of approval for the progress of the project: From November 2005 to November 30, 2006;

4. The total price of Gap’s house is the number of plane (65.94 square meters) ¡¿ KRW 5,700,000 per square meter = three hundred and seventy thousand nine hundred and seventy thousand won (375,858,00 won).

(including all the above-ground objects on the land). 5. B shall be purchased within two months after the approval of the project.

8. A and B shall not unilaterally reverse this Arrangement in compliance with each of the above matters and without mutual agreement, and if a person who has violated any of the above matters shall pay the other party a penalty of three million won and compensate for damages.

In addition, as to the land and building of a weak-disadvantaged Party A who violated each of the above matters, Eul shall determine the purchase price based on the officially announced land price, and pay (deposit) the weak-disadvantaged Party A, and transfer all authority and ownership over the land and building of the weak-disadvantaged Party A.

10. Provided, That the project approval-free Si shall become null and void between A and B; and

C. Defendant C.

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