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(영문) 제주지방법원 2017.04.12 2016나2222
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this court.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a sales contract with C representative Director D, a representative of the Defendant, on the following (hereinafter “instant sales contract”).

AB concluded the agreement.

Sales contract;

1. E in the location of indication of real estate: The land category of the land and the area of the orchard outside Seoposi (16 No. 16) shall be 16.4 square meters for exclusive use and 23 square meters for road shares, among the sale area of the orchard 189.4 square meters;

2. In selling the above real estate under Article 1 of the contents of the contract, the timing for payment of the purchase price and the purchaser shall be as follows:

The sales amount of KRW 25,500,000 down payment 3,000,000 shall be deposited into the Agricultural Cooperative D account when entering into a contract and the balance of KRW 22,50,000 shall be paid on March 5, 2013.

The maximum amount of loan collateral security amount of KRW 390,000,000 and superficies shall be cancelled at the same time as the balance.

Article 5 The seller shall compensate for the amount of the down payment before the seller pays the intermediate payment (if there is no intermediate payment agreement, the remainder), and the buyer may waive the down payment and cancel this contract.

Article 6 In case of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on the obligation and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

The seller shall transfer the special agreement after completion of the partition in accordance with the drawings attached to the attached Form.

A road share in the sale area shall be owned as a co-owned share, but no claim for division shall be made.

2) On February 1, 2013, the Plaintiff deposited KRW 3,000,000 in the account under the name of D and KRW 20,000,000 out of the remainder on April 9, 2013. On May 13, 2014, the Cheongju District Court deposited KRW 2,50,000 as the Defendant for the deposited person under the name of Kuju District Court No. 603, May 13, 2014, and deposited KRW 2,50,000 as the Defendant for the deposited person. 3) Seopopopopo-si G and 550 square meters in the separate division.

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