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(영문) 창원지방법원 2019.06.18 2017가단12694
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 26, 2016, the Plaintiff and the Defendant concluded a sales contract as follows.

(hereinafter “instant sales contract”). - The subject matter of sale is about 15,326 square meters and 691 square meters and 18,181.81.8182 square meters (5,500 square meters) for each land of approximately 15,366 square meters and D 691 square meters among 30,364 square meters of forests and fields in Kimhae-si, Kimhae-si - seller: The Plaintiff’s joint purchaser of the instant sales contract, the Plaintiff, and the Defendant asserted as G.

F or G dismissed the Plaintiff’s claim of this case as seen earlier, not the parties to this case, and thus, in this case, it is not determined as to who is the other party to this case’s sales contract and who is the other party to this case’s buyer.

- Sales proceeds: 550,000,000 - Intermediate payment: 50,000,000 won - intermediate payment: 50,000,000 won (payment date January 12, 2017): The remainder: 450,00,000 won (payment date February 26, 2017) - Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the amount of the down payment, and the buyer may rescind this contract by waiver of the down payment.

- In default of obligations and compensation for damage: If the seller or the purchaser has defaulted on the terms of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

- Special contract: (1) The seller purchases the E-Land in Kim Sea and transfers it before the remainder payment is made.

(2) A seller shall obtain permission to construct a house for one household and transfer the area in installments before he/she pays any balance.

(3) A seller shall remove the water tank at the entrance of an access road and transfer it to a designated place.

(4) If a building permit is granted to a purchaser, paragraph (5) shall be granted.

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