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(영문) 서울고등법원 2014.08.21 2013나50444
소유권이전등기말소 등
Text

1. The judgment of the first instance court, including a claim that has been changed in exchange at the trial, shall be modified as follows:

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be admitted as a whole with Gap evidence 1 to 5, Gap evidence 13, 19, Eul evidence 1, 3, 5, 8, 9, 10 (including the number number), and the testimony of the witness E of the first instance trial by taking into account the purpose of the whole pleadings.

(A) The conclusion, etc. of the instant agreement (B and B: the Defendant), Article 1 (Purpose of Business), the golf course (hereinafter referred to as 18 holes, B, and B) business and related incidental business. The implementation procedures of Article 4 (Implementation of Business) business shall be as follows:

(1) A is responsible for authorization and permission for a golf course.

(2) Upon the conclusion of this Agreement, A shall transfer the land of 58,993 square meters owned by A to B as security.

Provided, That after obtaining permission, it shall be purchased at 50,000 won per average of the land provided as security.

(3) The purchase of any remaining site necessary for other golf course business shall not exceed 50,000 won per average ordinary day, and the purchase of the project site in the attached Form shall be liable to A.

Provided, That the liability for the land purchase fund shall be borne by Section B.

(4) A shall assume the responsibility for obtaining the consent of residents necessary for the business permission of the relevant golf course and the consent of sale of the owners of the relevant site.

The required expenses shall be used within the limit of KRW 350,00,000 in capital, and the detailed schedule for the execution of the required funds shall run after consultation with the B.

Article 5 (Disposal of Secured Land) Land offered as security by Party A shall be disposed of as follows:

(1) All real rights, such as mortgages, superficies, leasehold rights, lease on a deposit basis, seizure, provisional seizure, disposition, filing a lawsuit by the court, and cancellation of claims, related to all creditors, and other legal managers (individual, corporation, State, and any other person) in the land provided as security shall be completed (or consent for cancellation) in the register of the court.

(2) The expenses for the above disposal under paragraph (1) above shall be KRW 205,250,000 which has been agreed upon with Gap and Eul in advance.

Article 6 (Penalty) (1) Civil and criminal liability for all kinds of persons, permitted services, costs for handling civil petitions, etc. under the project.

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