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(영문) 울산지방법원 2015.07.17 2014가단17236
소유권이전등기
Text

1. The defendant shall receive KRW 1,088,00,000 from the plaintiff, and at the same time, shall be listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. (1) On March 29, 2010, the Plaintiff, the Defendant, the Nonparty C, and D acquired each 1/4 of the land and the 6th floor buildings on the land in Ulsan-gu E and the 6th floor above that (hereinafter “instant land and buildings”) around March 29, 201 and completed the registration of ownership transfer on the same day.

(2) The Plaintiff commenced the business of “F control point” on the first floor of the instant building.

B. (1) On January 25, 2013, as of January 25, 2013, the instant contract, etc. entered the purport that “the Plaintiff shall sell to the Defendant the share of 1/4 of the instant land and building in KRW 670 million (However, the purchase price to be actually received was KRW 840 million),” and a real estate sales contract, including a special agreement to the following effect (hereinafter referred to as the “instant special agreement, and in particular the special agreement on the claim for sale, was entered into).

- The part on the first floor of the above building shall be operated as "F control point", and the defendant shall lease the lease deposit as 50 million won, monthly rent as 4 million won, and shall guarantee the lease period for three years from the opening date, and shall guarantee the additional two years after consultation on the terms and conditions of lease.

- If, for the smooth management and operation of a commercial building, a joint equity right holder requests the purchase of the commercial building on the current Fate Points under the condition that the share of the seller, who is a joint equity right holder, is transferred to the buyer who is a joint equity right holder, the buyer and the joint equity right holder shall sell the commercial building to the seller and the person designated by the seller without any condition, and the purchase price

- direct or indirect taxes accruing from the sale of shares by the seller shall be liable to the buyer and joint equity right holders.

- In the event that the above is not fulfilled, this contract will be restored to its original state, and the subsequent expenses will be borne by the buyer and the joint equity right holders.

(2) The “seller” column of the instant contract includes the Plaintiff’s name.

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