logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.24 2015가단2511
소유권확인(농지보전부담금 환급청구권)
Text

1. The defendant shall make a farmland report due to the revocation of permission for development activities in the name of the defendant as to real estate stated in the attached list.

Reasons

1. Basic facts

A. On April 22, 2008, the Plaintiff concluded a sales contract with regard to the real estate listed in the separate sheet (hereinafter “instant land”) on April 22, 2008, on behalf of the land owner C, the Defendant, D, E, and F, and the purchase price of KRW 554 million, the down payment of KRW 150 million, and the down payment of KRW 150 million, when entering into the contract, the Plaintiff paid the remainder of KRW 4 million to each of the parties on August 22, 2008 (hereinafter “instant sales contract”). The Plaintiff paid the down payment of KRW 150 million on the date of the contract.

B. The instant sales contract included the following terms as a special agreement:

When land transaction permission and development activities are not permitted in the above area, the down payment shall be immediately returned 100% without penalty.

When a person holding the title of registration is not designated until the balance is outstanding, the buyer may pay the balance by implementing a security loan in the name of the seller, and the seller shall cooperate with the seller.

(Provided, That if necessary, the seller shall immediately cooperate with the buyer for the land transaction permission and development activities to be undertaken after the contract.

C. After that, the Plaintiff failed to pay the remainder of 44 billion won after August 22, 2008, which is the remainder payment date. The Plaintiff, with the consent of the seller, including the Defendant, on December 30, 2008, made the registration of establishment of a neighboring bank with the Plaintiff, the maximum debt amount of 420 million won, and the right to collateral security bank with the consent of the seller, including the Defendant. The Plaintiff completed the registration of establishment of a neighboring bank with the Plaintiff, the right to collateral security (the right to collateral security) and paid the remainder of the loan by December 30, 2008 with the loan from the Korean bank.

(0.7. 7. 50 million won, December 9, 2008, and December 30, 2008, each payment of KRW 281.7 million, including interest on delay on December 30, 2008).

At the time of the conclusion of the instant sales contract, the instant land was designated as the land transaction permission area. However, from the emulation market, C was out of the instant land on October 29, 2008.

arrow