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(영문) 서울동부지방법원 2014.12.05 2014가합102546
수분양자지위부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “non-party company”) is an executor of the business of constructing and selling a building (hereinafter “the instant building”) on the land (hereinafter “the instant building”) on the land (hereinafter “the instant business”), B B B B B B B B B B B B B B B B B B B B 528m2, and on the five lots of land (hereinafter “the Plaintiff was awarded a contract for the construction of the said building from the non-party company on March 28, 2003.

B. On June 11, 2004, the Defendant: (a) purchased 1035 square meters on the first floor of the instant building (10.76 square meters of supplied area, 0.94 square meters of site area); (b) sold 102,265,00 won at the time of the contract; (c) paid 20,453,00 won each five times of intermediate payments; and (d) paid 30,679,00 won each of the remainder on the date of designation of tenant; (b) sold 1036 square meters on the first floor of the instant building (10.76 square meters of supplied area, 0.94 square meters of site area); (c) sold 98,965,00 won at the time of contract; and (d) sold 19,1793,000 won at each of the above sales contracts at the time of contract; and (e) sold 9,896,000 won each of the above sales contracts at each of the sales contracts at each of the following dates (209,200.600.

4. The non-party company shall not be obliged to notify the Defendant of the date of intermediate payment individually.

5. The remaining payment date shall be the date of designating the shop occupants notified in writing separately by the non-party company.

Article 2 (Arrears Charges and Compensation for Delay)

2. Where the defendant fails to pay an intermediate payment and any balance within the agreed period, the late payment charge shall be paid according to the overdue rate for the loan of general funds to the fund manager for the expiration days.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, late payment, management fee, advance payment, etc. in full, and apply for the issuance of documents for transfer of ownership to the non-party company within one month from the date of completion of the public register of the non-party company, and transfer ownership.

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