(영문) 대구지방법원 2015.03.24 2014가단25181

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(영문) 대구지방법원 2015.03.24 2014가단25181

소유권이전등기 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Plaintiff, as Nonparty C and seven persons, is a person who purchased and seeks to develop the instant real estate as a factory site by purchasing a site D (hereinafter “factory site”) located adjacent to the instant real estate from Gyeongbuk-gun, Gyeongbuk-gun, adjacent to the instant real estate around May 2012.

B. On September 13, 2012, the Plaintiff concluded a sales contract with the Defendant for the instant real estate with the following terms:

(hereinafter “instant sales contract”). Indication of real estate: (The instant real estate: (a) sale price of KRW 85 million: the down payment: 7 million won shall be paid and received at the time of the contract; (b) the receiver (B) intermediate payment: The remainder remaining after deducting the loan shall be paid on December 10, 2012.

Article 2: The seller shall deliver all the documents necessary for registering the transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be the column

Article 5:The buyer may reimburse the seller of the intermediate payment (if there is no intermediate payment, the balance) before he pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.

Article 6:If the seller or purchaser fails to fulfill the terms and conditions of this Agreement, 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 the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. The balance date may be fixed on or before December 10, 2012 by the seller and the buyer at a fixed rate; and

(after obtaining factory approval). 2. Loan 25 million won is borrowed from agricultural cooperatives.

3. A contract without authorization or permission shall be null and void.

4. The seller shall actively cooperate with the authorization and permission documents.

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