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(영문) 대구지방법원안동지원 2015.04.27 2014가단4828
토지인도
Text

1. The Defendants deliver to the Plaintiff the answer of F 1,379 square meters in Ansan-si, and Defendant C and D Co., Ltd are annexed to the above land.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the F 1,379m2 (hereinafter “instant land”). Defendant D Co., Ltd. (GG Co., Ltd. and E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) is the company that promoted the business of extracting tin in the H, I, and J ground near the instant land from around 2013 in Ansan-dong, Dong-si, in the vicinity of the instant land.

From July 22, 2013 to March 7, 2014, Defendant C served as a director of the Defendant Company, and from March 7, 2014 to March 7, 2014, Defendant C is a person serving as an auditor of the Defendant Company.

Defendant B is the mother of Defendant C.

B. The instant sales contract 1) The Defendant Company decided to purchase the instant land from the Plaintiff, because it is necessary to use the instant land for the convenience of the tin mining business. However, as the land category of the instant land was “responding” and it was difficult to complete the registration of ownership transfer directly in the name of the Defendant Company, the Defendant C and the Defendant Company entered into a sales contract for the instant land on August 12, 2013 under the name of the Defendant B, the mother of Defendant C, and the sales contract (No. 1; hereinafter “the primary sales contract”).

was drawn up.

The matters related to this case in the first sales contract shall be as follows:

Article 1 of the Real Estate Sales Contract: In the sale of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price: 125,100,000 won: 12,510,000 won, at the same time as the contract is paid and received to the seller: 112,590,000 won, which is paid and received on November 12, 2013.

b. Article 3: The delivery of the above real estate will take place on November 12, 2013.

A special agreement: The buyer shall waive the contract deposit if the buyer fails to obtain the permission by the remaining date, and the seller shall prepare a written consent to obtain the permission, and the seller shall also prepare and manage the balance after obtaining the permission.

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