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(영문) 울산지방법원 2019.07.17 2018가단55717
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2015, in order to implement a housing construction project under the Housing Act (hereinafter “instant project”) in the name of Nonparty C Co., Ltd. (hereinafter “D”), the Plaintiff entered into the instant sales contract with the Defendant on the following terms: (a) Yangsan-si, the Defendant, located in the instant project site, divided the instant land into the real estate indicated in the separate sheet of February 13, 2018; (b) purchase of the instant real estate into the instant real estate with the following content.

The seller of Article 4 of the contract within 30 days after he/she has obtained approval for the business of multi-family housing of the buyer and all documents necessary for the unit of district when he/she receives the down payment, within 1,215,648,00 won after he/she has paid the remainder of 1,60,000 won 1,60,000 won 135,072,000 won 1,215,648,000 won ;

(A) Article 8 of the Contracts for Land Use Approval, Application for Change of District Unit, and Certificates of Personal Seal Imprint needed therefor) The seller shall deliver all necessary documents for the transfer of ownership to the buyer simultaneously with the receipt of any balance and actively cooperate in the transfer of ownership.

Matters of special agreement

1. No seller shall, for any reason after the conclusion of this Agreement, increase the sales amount, additionally bear any expenses, enter into a contract with others, and shall compensate for two times the total expenses incurred in the Project in the event of the breach.

2. A seller shall file for registration of transfer of ownership in the future of a corporation designated by the purchaser;

B. On February 16, 2015, the Plaintiff paid the Defendant a down payment of KRW 135,072,00 according to the instant sales contract, and the Defendant issued a written consent for land use to the Plaintiff according to Article 4 of the instant sales contract, around April 2015.

C. After that, on April 11, 2016, the Plaintiff obtained approval for the housing construction project plan from the Sejong-do mayor in accordance with Article 16 of the Housing Act and Article 15 of the Enforcement Decree of the same Act, but within 30 days from the date stipulated in the instant sales contract.

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