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(영문) 광주지방법원 2015.02.10 2014가단501911
토지인도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. In order to operate the fish farm, the Defendant: (a) entered into a trade reservation with the land listed in paragraphs (1) through (4) of the [Attachment List (hereinafter “instant land”); and (b) unregistered buildings listed in Paragraph (5) of the same Table (hereinafter “instant building”; and (c) on March 5, 2013, the Defendant borrowed KRW 200 million from the Plaintiff as interest rate 3% and due date on December 5, 2013; and (d) entered into a trade reservation (hereinafter “instant trade reservation”) with the following dates.

The defendant is the "seller for sale", and the plaintiff is the "contractor for purchase".

Section 1. The contractor and the purchaser have promised to sell and purchase the land of this case (including the building of this case) and machinery, equipment, fish, etc. installed on the ground of this case, which are owned by the seller, to purchase and sell at least 6.5 million won.

C. The above payment is KRW 20 million and KRW 450,000,000,000 (the maximum amount of claims KRW 58,55,000,000,000,000,000,000,000,000 won for the establishment of the first right to collateral security with the real property

Article 3: (B) If the purchaser fails to pay the said KRW 200 million to the purchaser by August 4, 2013, the purchaser expressed his/her intention to complete the sale as a matter of course on the date on which the said period expires, even if there is no separate declaration of intention; and (c) the purchaser considers the first right to collateral security for the instant real estate as a substitute for the payment of the remaining amount, and the ownership is transferred to the purchaser; and the seller shall deliver the object to the purchaser without any restriction or condition, and immediately implement the ownership transfer registration procedure.

Article 5. The contractor shall implement the provisional registration procedures to preserve the right to claim the transfer of ownership under this Agreement against the purchaser.

The instant land (including the instant building) and the instant case, if the buyer fails to pay the amount of KRW 200 million to the buyer by August 4, 2013, if the special agreement is entered into under Article 7.

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