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(영문) 제주지방법원 2017.08.25 2017가단53554
소유권이전등기청구권 존재확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant owns the real estate recorded in the attached list (hereinafter “instant real estate”).

B. On September 23, 2016, in order to carry out the new construction project of multi-family housing (hereinafter “instant project”) in the instant real estate, the Plaintiff drafted a MOU (Mememine Of UNring, hereinafter “instant MOU”) containing the following contents with the Defendant.

Article 3 (Service and Work) The roles and duties of plaintiffs and defendants by this MOU shall be as follows:

(1) Roles and duties of the defendant

A. Provision of all documents for all kinds of authorization and permission business related to the instant business

B. Cooperation in rental business for the overall authorization and permission business related to the instant business

(c) Payment of interest on loans on current business site (before sales contract is concluded);

D. Conclusion of a normal real estate sales contract with a “seller” within 40 days after the business license was granted

E. When promoting the authorization and permission, if the project is not implemented due to the lack of active cooperation by the defendant, the compensation shall be paid upon the plaintiff's request.

(f) All other duties necessary to promote the instant project. (2) The Plaintiff’s role and duties

A. The nominal owner of the instant business permission

(b) Direct performance and all expenses incurred in relation to business permission;

C. Conclusion of a normal real estate sales contract with a purchaser within 40 days after a business license is granted

D. Defendant’s transfer income tax and financial institution interest burden when concluding a real estate sales contract

E. Where a sales contract is not concluded within a fixed date after the authorization and permission, the Plaintiff shall immediately transfer the business license to the Defendant without any condition.

(f) In the following cases, the plaintiff and the defendant may terminate or rescind this MOU by giving written notice to the other party in respect of all other business activities related to the promotion of the project:

(1) One of the parties to this MOU is difficult to conduct business due to suspension of financial transactions, dishonor, bankruptcy, etc.

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