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(영문) 부산지방법원 2020.04.02 2018가단339177
건물철거 등
Text

1. The Defendants are to the Plaintiff:

A. Of each land listed in the separate sheet No. 1 list, Attached Form No. 14, 15, 16, 17, 18, 19, 14.

Reasons

1. Basic facts

A. On September 12, 2013, the Plaintiff entered into a conditional lease agreement (hereinafter “instant lease agreement”) with Defendant B on the following terms regarding the land listed in attached Table 1 (hereinafter “land 1”), the land listed in attached list 1 (hereinafter “land 2”), the land listed in paragraph (2) of the same list (hereinafter “instant land”), the ownership of 1/2 of the land in Ulsan-gun, Ulsan-gun, and the land 2 of the ground-based building 1 (hereinafter “non-party building”; hereinafter “the lease agreement”) among the land in question and the non-party building:

Indication of real estate on condition of the sale and purchase of real estate: The purchaser (Lessee) of the leased portion of this case: Defendant B and Defendant B enter into a lease agreement on condition of sale and purchase as follows:

Article 1:The price of real estate shall be 450,000,000 won for down payment, 45,000,000 won for the first intermediate payment, 155,000,000 won for the remainder, and 250,000,000 won for the remainder.

Article 2:The down payment and the first intermediate payment shall be the deposit for lease (200,000,000 won) until the time of transfer in the name of real estate.

Article 3: In principle, the transfer of name shall be made October 1, 2015 when the term of lease expires, and it may be extended within three months.

Article 4:Transfer of the above real estate shall be October 1, 2013.

Article 5:All management of the above real estate after transfer shall be the responsibility of B.

§ 12. This Agreement shall be effective until the date of transfer in title of real estate.

B. Since then, if Defendant C constructed a building on the leased part of the instant building, Defendant B obtained profits from managing the said building and distributed profits therefrom by dividing it into 50:50, and then Defendant B entered into a partnership agreement with the content that Defendant C would purchase the said building from Defendant C (hereinafter “instant partnership agreement”).

C. On June 21, 2016, the Plaintiff prepared each of the following descriptions with Defendant C (hereinafter “each of the instant descriptions”) and on the same day to Defendant C on the same day.

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