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(영문) 수원지방법원평택지원 2020.01.08 2018가합10144
소유권이전등기
Text

1. The defendant shall receive KRW 1,800,000 from the plaintiff, and at the same time, shall be listed in attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the Plaintiff and the Defendant were the land No. 1 indicated in the attached Table No. 1 owned by the Defendant (hereinafter “instant real estate”).

(2) The sales contract provides that the sales price shall be set at KRW 2 billion, and the remainder KRW 200 million shall be paid by June 10, 2016, and the remainder KRW 1.8 billion shall be paid by August 10, 2016 (hereinafter “instant sales contract”).

(2) The key contents of the first sale contract of this case are as follows.

6) Before the remainder payment period under paragraph (2) above, the Defendant secured access roads required for the business authorization, permission, and actual use of the real estate No. 1 in this case by conducting the coordination of the boundary of the neighboring site owned by the Defendant (the land No. 2 in the attached Table 2; hereinafter “the real estate No. 2”).

B. On June 16, 2016, the Plaintiff: (a) on June 16, 2016, approximately 13 square meters from the Defendant among the instant 2 real estate (hereinafter “instant 3 real estate”).

(2) In order to establish access roads to the real estate No. 1 of this case, a sales contract was concluded to purchase KRW 20 million for the purpose of opening access roads to the real estate No. 1 of this case, and the sales price was to be paid together on the balance payment date of the first sales contract (hereinafter “instant second sales contract”).

2) The main contents of the instant sales contract are as follows.

In order to secure access roads to the first real estate, the Plaintiff and the Defendant planned to divide the third real estate into the second real estate and consolidate the third real estate into the first real estate. After concluding the second sale contract, the Plaintiff and the Defendant decided to conduct the above division and the first real estate as soon as the conclusion of the second sale contract (see paragraph (3) of the second sale and purchase contract), the survey expenses and the cost of subdivision are borne by the Plaintiff respectively.

Section 2. Sales contract.

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