(영문) 부산지방법원 2016.10.26 2014가합52158

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(영문) 부산지방법원 2016.10.26 2014가합52158

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that has been established for the purpose of housing construction business, etc. and implements a new construction work of multi-family housing in the project zone C in the land of Busan Dong-gu B (hereinafter “instant construction project”).

Article 2 (Transfer, etc. of Ownership) of the Commercial Building Sales Contract (hereinafter “instant sales contract”) shall issue all documents necessary for the registration of ownership transfer to a purchaser at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of real estate shall be December 4, 2012.

2) The contract of this purchase and transfer is a general transfer contract for the project. 3) The amount of 360,000,000 shall be succeeded to by the buyer of the Busan Bank (hot Spring Branch) with the maximum debt amount set up by the contract.

6) The buyer shall take over the goods as they are, and immediately move when the redevelopment will take place due to the redevelopment, and the amount of compensation shall be agreed upon and entered into a contract (300,000 additional compensation of 870,000,000 = 1,170,000 = 1,00,000).

A seller: Defendant and buyer (a business operator: Plaintiff and one other, respectively.

2. The seller agrees to sell the instant real estate at KRW 1,170,000,00 to the buyer.

3. The buyer shall pay the purchase price to the seller at a time within two months after the cancellation of the project implementation authorization or approval for the project implementation related to the C apartment and the withdrawal of the project financing.

4. A seller shall, at the same time, transfer the ownership of the said real estate to a purchaser or a person designated by the purchaser, and simultaneously specify the ownership of the said real estate; and

7.The contract of this purchase and sale shall only be terminated without any liability for damages provided that the project is not carried out by the purchaser on a daily basis, and both parties shall not be prohibited from cancelling or terminating this contract for any other reason.

Article 3 of the Agreement (hereinafter referred to as the “Agreement”) shall be the scheduled date of approval for the project:

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