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(영문) 대전지방법원 천안지원 2021.01.08 2019가합103549
소유권말소등기
Text

The plaintiff's primary claim is dismissed.

2. The defendant shall pay to the plaintiff KRW 1,500,000 and its amount from February 14, 2020.

Reasons

1. Facts of recognition;

A. On November 5, 2014, the Plaintiff divided the respective real estate indicated in the separate sheet (hereinafter “instant real estate”) into C orchard 5,347 square meters and D orchard 647 square meters on November 5, 2014. On June 9, 2020, the area was corrected to the real estate indicated in paragraph (2) of the separate sheet and paragraph (3) of the attached sheet.

the defendant was a company established for the purpose of housing construction, etc.

B. On August 22, 2014, the Plaintiff entered into a real estate sales contract with the Defendant to sell the instant real estate (hereinafter “instant sales contract”) to the Defendant, and the key contents thereof are as follows.

Article 1 (Purpose of Sales Contract) The purpose of this Agreement is to prescribe the rights and obligations between the plaintiff and the defendant in purchasing the entire site for the project including the real estate owned by the plaintiff and promoting the construction of multi-family housing.

Article 3 (Contract Amount and Payment Method) With respect to the sale of the said real estate, the Defendant shall pay the Plaintiff the purchase price by the following payment methods:

(a) 1) Total sales amount: 1,827.4 square meters (Won 3,654,800,000) in total: 1,827;

B. The method of payment under this contract shall, in principle, be made in cash when one year and six months have elapsed from the date of payment of the remainder 2,192,880,000 of the payment of the down payment between the payment method and the 365,480,000 10% of the down payment at the time of transfer of ownership of the site for the project subject to the project, which is the site for the intermediate payment of 1,096,440,000% of the intermediate payment at the time of transfer of ownership of the site for the project subject to the project, and one year and six months have elapsed from the date of

Article 4 (Special Engineer Clause 1) The plaintiff shall provide the defendant with necessary data related to the authorization and permission based on the permission and project for the use of land for sale and purchase land at the same time as the contract is concluded.

2) The Plaintiff is either the Defendant or the Defendant with all documents necessary for the transfer of ownership of the said real estate simultaneously with the receipt of the down payment.

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