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(영문) 광주지방법원 2016.11.15 2016가단506187
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2013, the Defendant: (a) entrusted Korea with the administrative affairs pertaining to the management and disposal of the land of this case (hereinafter “instant land”); and (b) on the instant land, the Plaintiff participated in the said bid and was determined as the successful bidder.

B. On August 14, 2013, the Plaintiff entered into a sales contract with the Defendant to KRW 1,052,100,000 for the instant land, which is State-owned property (hereinafter “instant sales contract”). The key contents are as follows.

Article 2 (Deposit for Contract) ① (1) B (referring to the plaintiff; hereinafter the same shall apply) shall pay to A (the defendant means the defendant; hereinafter the same shall apply) KRW 105,210,000 equivalent to not less than 10/100 of the proceeds from sale under Article 1 on the date of concluding a contract.

(2) Contract deposit under paragraph (1) shall be deemed the proceeds from sale when the installment payments under Article 3 (1) are first paid.

Provided, That where a sales contract is terminated, it shall not be deemed the proceeds of sale.

Article 3 (Payment) (1) B shall pay the remainder of the proceeds from sale under Article 1, excluding the contract bond under Article 2 (1), and the interest calculated pursuant to Article 55 (5) of the Enforcement Decree of the State Property Act.

157,815,00 won in installments, 12,837,490 won in 170,652,490 won in 170,652,490 won in 157,815,810 won in 168,184,310 won in 168,310 won in 157,815,369,310 won in 168,184,310 won in 167,8,432,940 won in 16,247,940 won in 167,940 won in 163. 148, 208, 200 won in 15,630 won in 167, 208, 205, 164, 208, 200 won in 164,580 won in 167, 2015

(3) Notwithstanding paragraph (1), Eul may pay in advance all or some of the installment payments.

Article 6 (Cancellation of Sales Contracts) The following shall apply:

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