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(영문) 수원지방법원 여주지원 2018.08.07 2017가단5077
소유권이전등기
Text

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

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

Reasons

Facts of recognition

On December 21, 2016, the Plaintiff and the Defendants concluded a sales contract for the purchase price of KRW 1,145,000,000 (hereinafter “instant contract”) with respect to F forest land 8,256 square meters and the previous 552 square meters of G, which are owned by the Defendants (hereinafter “Eri”) (hereinafter “instant contract”).

On the same day, the Plaintiff paid the Defendants a down payment of KRW 110,000,000, and paid the remainder of KRW 1,035,000,000 at the same time as the registration of ownership transfer is completed on May 20, 2017.

The above contract included the following special terms and conditions.

The seller shall pay the down payment to the buyer and provide the documents concerning the installment and the housing permission for not more than five days.

(1) Under Paragraph (1), the traditional cemetery shall be transferred to the seller’s responsibility for the burial site, and the intangible cemetery shall be transferred to the buyer’s responsibility for the burial site.

(4) Paragraph (4) shall be the increase or decrease in the size after the completion of the partition of the building part on G in the present site.

(8) Paragraph (8). The amount to be compared to the area shall be KRW 129,95 per square meter.

(9) On February 8, 2017, the Plaintiff and the Defendants concluded again a special agreement with the following terms:

Until May 20, 2017, the outstanding payment date for sale of real estate shall be borne by the purchaser at his/her request, and the permission for land division shall be borne by the purchaser even if it takes place in the name of the seller.

In addition, the purchaser should pay the balance of the sale and purchase and the cost until May 20, 2017, regardless of the progress of the above development activities.

(2) Paragraph 2. In the event of a flexible cemetery other than that of the identified one, it shall be determined excluding or consulting on the part of the land, and the excluded area shall be an increase or decrease in the amount compared to the area.

(6) Paragraph 6). The boundary of the real estate under this sales contract and the establishment of a stable and the purchaser of the land division as desired by the relevant seller shall consent, and the land to be incorporated on the side of the purchaser in the division shall be calculated by dividing it in proportion to the payment of the remaining purchase and sale amount.

(8) paragraph (8). F forest shall be the forest.

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