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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On June 26, 2013, the Defendant concluded a sales contract with C to sell real estate (hereinafter “each of the instant lands”) listed in the separate sheet (hereinafter “instant sales contract”) to “Buyer D and one other” (hereinafter “the instant sales contract”) with the purchase price of KRW 4 billion (the contract amounting to KRW 400 million shall be paid on the date of the contract, the intermediate payment of KRW 800 million shall be paid on July 10, 2013, and the balance shall be paid on September 27, 2013). The status of the purchaser and the effect of the sales contract were to be succeeded to the Plaintiff to be established after the establishment of the sales contract.
B. The sales contract of this case provides, “Article 3 (Extinction of Restricted Real Rights, etc.)”, “if there is any ground for restricting the exercise of ownership, such as mortgage, superficies, and leaseholds established on each land of this case, or if there is any unpaid tax and other charges, the seller shall remove the defect and burden and transfer full ownership to the buyer by the date of the payment of the balance: Provided, That this shall not apply to the rights and amount agreed to succeed, but the special agreement (hereinafter referred to as “special agreement”) provides, “1. The seller shall transfer an intermediate payment to the corporation and an individual designated by the buyer at the time of the payment of the intermediate payment. 2. The seller may pay the intermediate payment under the name of the corporation made by the buyer at the time of the payment of the intermediate payment, and the down payment already paid is a corporation created by the buyer and the effect of this contract is also established. 3. The balance shall be paid with the loan from the financial institution.” The following special agreement is attached to the sales contract.
1) The removal lawsuit in progress on the land of E shall actively cooperate with the buyer so that it can be processed smoothly in future progress, even after the completion of the land contract, and the right shall be transferred to the buyer. 2) After the land contract, part payments shall be executed.