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(영문) 서울고등법원 2017.10.18 2017나2012644
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants share 1/2 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”) between husband and wife.

B. On December 31, 2015, the Defendants drafted a real estate sales contract (Evidence A 2) stating that the instant real estate is sold to “Plaintiff A and one other” as a broker of Licensed Real Estate Agent D, and the details of the main parts related to the instant case are as follows.

(hereinafter referred to as the “instant sales contract”. The seller is the joint name of Defendant B: The buyer of Defendant C: The purchase price of Plaintiff A and one other: KRW 6.1 billion: The amount of KRW 500 million is paid and received at the time of the contract: The remaining amount: KRW 5.6 billion and the time of payment is blank.

(B) If a seller or purchaser fails to comply with the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

3. At the same time as a real estate sales contract is concluded, a purchaser shall obtain permission for the development of a electric source house in the name of the seller;

4. After obtaining permission for the development of electric power resource housing in cooperation with both parties, the purchaser shall pay back the balance and transfer of ownership by giving a loan of financial right as a security to the sale and purchase real estate, but shall pay back the balance by 1 billion won out of the balance on the second collateral mortgage (the creation of a promissory note with a rate of 120 percent after a bank loan becomes final and conclusive) until June 30, 2016.

(1) 5. After completion of authorization and permission, the seller shall provide the buyer with an application document for change of the name of permission and actively cooperate in the lending of financial rights.

6. The purchaser shall change the name of the corporation at the time of balance; and

7. If it is impossible to obtain permission for the development of electric power resource, the sales contract of this case shall be without penalty.

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