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(영문) 청주지방법원 2020.10.08 2019가단31467
소유권이전등기절차인수 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The name of the above real estate under Article 3 of the facts of the basis will be ordered when obtaining a new house construction permit.

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the buyer on the holiday and shall cooperate with the buyer in the registration of transfer.

Article 6 This Agreement shall be refunded to a seller within 15 days from the time of refusal of permission for new construction of a house, in full, the purchase price of the principal.

Article 7. In the event that a seller fails to obtain a new house construction permit and a seller is unable to refund the purchase price, the buyer shall sell the real estate at auction and recover the purchase price.

Special agreement terms: At the same time as this contract is made, the buyer shall set up a collateral security (40,000,000 won) on this real property.

On April 18, 2019, the Plaintiff’s father C concluded, on behalf of the Plaintiff, a sales contract with the Defendant to sell KRW 40,000,000 of the sales price (hereinafter “instant sales contract”) on behalf of the Plaintiff KRW 40,000,000,00 on the same day, the Defendant and the Defendant received KRW 40,00,000 on the same day from the same day.

The main contents are as follows:

B. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage as the Defendant with respect to the size of 956 square meters and F-road 492 square meters prior to the division of the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage as the Defendant, the obligor, and the mortgagee.

[Ground of recognition] The evidence Nos. 1, 2-1, 2, and 10 are written, and the result of the inquiry inquiry reply by May 8, 2020 to G pages of this Court

2. Determination on the cause of the claim

A. The transfer and transfer of land according to the instant sales contract by the Plaintiff’s assertion is a condition to suspend the Defendant’s acquisition of the construction permit. The Defendant, after filing a report on the construction permit, failed to comply with the request for supplementation and return the construction permit.

As such, the defendant is in good faith.

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