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(영문) 수원지방법원 2016.02.02 2014가합73506
부동산소유권이전등기 등
Text

1. The plaintiff's lawsuit against the defendant B, religious organization, and C, shall be dismissed.

2. The plaintiff's defendant D.

Reasons

1. Facts of recognition;

A. On August 24, 2013, the Defendant church and the Defendant company (F Co., Ltd. prior to the alteration) concluded a sales contract with the Defendant church to purchase KRW 2.8 billion (hereinafter “pre-sale contract”) of the purchase price of KRW 33,058 square meters in the wife population G from the Defendant church to the purchase price of KRW 140,000,000 in the Defendant church (hereinafter “pre-sale contract”), and paid KRW 140,000,000 to the Defendant church on the same day.

B. The buyer under Article 5 (Cancellation of Contract) of the Plaintiff’s sales contract concluded with the Defendant Company until the buyer pays the intermediate payment (if there is no intermediate payment, the remainder) to the seller, and the buyer may waive the down payment and rescind the contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract;

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Special Agreement

1. Indication of real estate: A sales contract of 11,900 square meters, excluding road shares, shall be concluded with the area of 12,377 square meters of a permitted site, among the total area of 33,058 square meters of the total area of the wife population in Yongsan-si;

However, the cost of construction of the road portion shall be borne by the buyer, but the cost of construction shall be borne by the seller at the joint cost of 5:5.

2.As of the date of the contract, the above owner of the real estate will be the religious organization C intersection(H) and will enter into this contract with A and B as the representative director of the original contractor (seller) who will be the buyer as the 600,000 square meters per 3.3 square meters.

Provided, That the remaining period shall be determined as the date of the above contract and may be adjusted according to the authorization and permission period and civil engineering works.

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