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(영문) 광주지방법원 2018.10.25 2017가합2085
소유권이전등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are co-ownership owners of each 1/3 of land in Seo-gu, Seo-gu, Gwangju and 11674 square meters of forest land and 1256 square meters of F forest land (hereinafter “each of the instant land”).

B. (1) On February 13, 2012, the Plaintiff and the Defendants concluded a sales contract with the Defendants to purchase each of the instant land from KRW 4,88,750,000 (hereinafter “instant primary sales contract”), and the main contents thereof are as follows.

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The purchase price: 4,888,750,000 won: 600,000 won for contract payment: 300,000,000 won for intermediate payment: 300,000,000 won for intermediate payment; and 3,98,750,000 won for remainder payment on February 24, 2012; and 3,98,750,000 won for remainder payment on March 30, 2012;

except in cases of rights and amounts agreed to succeed.

Matters of special agreement

1. The creation of a collateral security shall be cancelled when the balance of Defendant C shares remains.

2. Registration of transfer of ownership shall be issued to a company or person designated by a purchaser in active cooperation by the purchaser, since the purchaser is still establishing the target corporation;

3. On the ground, the purchaser is responsible for the fourth third party cemetery, and the seller’s cemetery owned by the third party will be removed within two months.

Land trees shall be extracted by the seller, and after two months, the buyer is responsible for him/her and the seller may dispose of them voluntarily.

(2) On February 13, 2012, the Plaintiff paid 200,000,000 won each as down payment to the Defendants according to the instant sales contract, and paid 300,000,000 won as part payment on February 17, 2012.

(3) However, the plaintiff is the first time of this case.

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