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(영문) 제주지방법원 2014.12.18 2014가합5339
소유권이전등기
Text

1. The defendant shall receive KRW 9,870,000,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on January 2, 2013 for the purpose of real estate development and supply business, and the Defendant is a corporation established on December 3, 2002 for the purpose of establishing and operating a performance hall.

B. On February 22, 2013, the Defendant entered into a sales contract with the Plaintiff to transfer the instant business implementation right to the Plaintiff and sell the real estate listed in the separate sheet (hereinafter “instant real estate”) that is the site for the instant business (hereinafter “instant sales contract”) at KRW 10 billion, as the implementer, who promoted the business of newly constructing and selling a composite shopping mall on the land outside Seopo-si, Jeju Special Self-Governing Province and 24,920 square meters of land (hereinafter “instant real estate sales contract”).

The main contents of the instant sales contract are as follows.

The purchase price shall be paid and received at the time of the contract of KRW 10 billion down payment of KRW 130 million. The interim contract payment shall be paid and received after completion of the construction permit of KRW 370 million. The payment shall be made within 20 days after completion of the construction permit of KRW 500 million in the balance of the contract. The payment shall be made within 55 days after completion of the construction permit of KRW 9 billion in the balance.

C. On the date of conclusion of the instant sales contract, the Plaintiff paid KRW 130 million to the Defendant as the down payment based on the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including each number), and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant set the time to pay the payment obligation under the instant sales contract as of the time of “the completion of construction authorization and permission.”

A building permit that is premised on the instant sales contract is a permit under the Administrative Act that should be acquired to build a complex shopping mall in the instant real estate (hereinafter “instant building permit”).

In order to obtain the building permit of this case, consent to land use by the National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperative"), which is the holder of superficies of the real estate of this case.

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