(영문) 울산지방법원 2018.01.09 2016가단27169

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(영문) 울산지방법원 2018.01.09 2016가단27169

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1. The plaintiffs' claims and the independent party intervenor's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a company running civil engineering work business, etc., and the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”)’s housing construction business, etc., and the Defendant is the owner of Ulsan-gu G large 205 square meters (hereinafter “instant real estate”).

B. On May 16, 2006, the Plaintiffs entered into a contract with the Defendant to purchase all of the instant real estate and its ground buildings with the price of KRW 1,530,000 (hereinafter “instant sales contract”) in order to carry out the construction project of the main complex building in the Nam-gu, Ulsan-gu (hereinafter “instant new construction project”).

The main contents of the instant sales contract are as follows: (a) the Defendant and the Plaintiffs are well aware that the sales contract was concluded to promote the reconstruction of apartments on a group of lots including real estate subject to sale and purchase (22,000 square meters).

(2) The payment of the purchase price shall be as follows:

However, since the plaintiffs purchase the real estate as a part of an apartment complex, the sales contract is valid when the plaintiffs paid the down payment to the defendant as a result of the completion of the reservation for the sales contract for the whole site subject to incorporation.

Article 5 (Transfer of Ownership) ① The Defendant shall deliver documents necessary for the transfer of ownership to the Plaintiffs at the same time as the remaining payment is made by the Plaintiffs, and the Plaintiffs shall immediately register the transfer of ownership, and the expenses incurred in the transfer of ownership shall be borne by the Plaintiffs. The Plaintiffs shall be borne by the Plaintiffs. The Plaintiffs shall immediately register the transfer of ownership, and the expenses incurred in the transfer of ownership shall be borne by the Plaintiffs.

② The Defendant shall pay the remainder of the Plaintiffs and simultaneously with the objective real estate.

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