(영문) 서울고등법원 2018.07.12 2017나2076518

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(영문) 서울고등법원 2018.07.12 2017나2076518

소유권이전등기

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1. Of the judgment of the court of first instance, the part against the counterclaim defendant shall be revoked, and the part against the counterclaim shall be revoked.

Reasons

1. Basic facts

A. On July 12, 2013, the counterclaim Defendant: (a) sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Counterclaim Plaintiff for the purchase price of KRW 8.5 billion; and (b) paid the down payment of KRW 8.7 billion on the date of the contract; and (c) concluded a sales contract with the Lessee on the following terms and conditions: (a) the remainder KRW 7.7 billion was paid until December 31, 2013;

(hereinafter “instant sales contract”). The seller of ownership transfer under Article 3 of the Real Estate sales contract shall deliver all documents necessary for the buyer’s registration of ownership transfer at the same time when the remainder payment of the land is completed, and transfer ownership.

Article 7 If a default on obligations and a seller or buyer 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 the other party for the compensation for loss following the cancellation of contract, and the compensation for the damage shall be regarded as the basis for the compensation for damage.

Matters of special agreement

2. A seller shall cooperate with the buyer in submitting documents necessary for authorization, permission, etc. related to a development project.

3. Until the buyer pays the remainder to the seller, the permit and license for the sports facilities currently in the future of the seller shall not be revoked, and the remainder shall be paid to the seller and the authorization and license shall be revoked simultaneously;

Provided, That if the seller cancels the seller's right to permit, the cancellation shall be made if the buyer confirms that the business approval has been made, and at that time the buyer provides the seller with a document by which the permit can be transferred or taken over to the seller in preparation for the unpaid condition.

5. The creation of a right to collateral security on the register of the company (creditors) shall be simultaneously with the payment of any balance.

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