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(영문) 부산지방법원 2018.11.09 2017나63689
소유권이전등기 말소등기 등
Text

1. Revocation of the first instance judgment.

2. As to shares of 1/2 of the real estate listed in the separate sheet:

A. Defendant B is the defendant.

Reasons

1. Facts of recognition;

A. D, the husband of the Plaintiff, entered into a pre-sale agreement with E on August 26, 2014, sold a house of 50.2 square meters and its ground in Busan-gu, Busan-gu, but the payment of the purchase price of KRW 150 million was agreed to substitute the purchase price of one bond (31 square meters) if E newly constructs an apartment on the said land, and completed the registration of ownership transfer to E on September 30, 2014.

B. On June 1, 2015, E, with the trade name of “K, carries out the business of newly constructing and selling H’s apartment (hereinafter “instant apartment”) on the land outside 12 parcels of Busan J (the F land was merged with G land in Busan, Busan, on March 22, 2016) (hereinafter “instant apartment”) and on the land outside 12 parcels of the Busan, J, and written the following contracts with Defendant C as to the instant apartment project:

(hereinafter referred to as “instant First Contract”). Paragraph (1) (1)

A. Defendant C (Defendant C) shall invest 3 billion won in cash in the instant project.

B. Eul (E) is an operator of the instant apartment project, and at the same time a completion inspection of the instant apartment is conducted, five billion won shall be paid to Gap.

Paragraph 2 (Methods, etc. of Payment) A paid KRW 30 million on May 12, 2015, KRW 200 million on May 21, 2015, KRW 140 million on June 3, 2015, and KRW 140 million on June 18, 2015.

(Cancellation of Provisional Registration) At the later time, L Banks cancel the establishment of KRW 1.44 billion and register the establishment of KRW 4 billion on land.

When implementing a loan of a first priority M Bank, A shall terminate the registration of creation and make a registration of re-establishment of a second priority of M Bank.

Paragraph 3 (Contract Term and Progress of Project)

A. The period of the foregoing business is from May 2015 to April 2016.

Provided, That where the completion inspection is completed within the above period, such time shall be the expiration date of the contract period.

(b) If Party A does not have a reason for a business entity recognized in writing, the contract is terminated upon Party A’s request, and Party B shall pay Party A the total amount of KRW 3 billion investment and KRW 5 billion investment amount of KRW 2 billion.

Paragraph 4 (Provision of Information)

(a) B.D.

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