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(영문) 인천지방법원 2016.01.29 2014가합14500
소유권이전등기절차등이행의무부존재
Text

1. It was concluded between the Plaintiff and the Defendant on October 8, 2008 with respect to each land and its ground buildings indicated in the separate sheet.

Reasons

1.The following facts of recognition may be admitted, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and 10 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

On October 8, 2008, the Plaintiff entered into a sales contract with the Defendant to sell to the Defendant the purchase price of KRW 3,03,940,000 (hereinafter “instant real estate”). The main contents of the instant sales contract are as follows: (a) the Plaintiff entered into a sales contract with each of the land in the separate sheet located within the land transaction permission zone under the National Land Planning and Utilization Act (hereinafter “instant land”) and its ground buildings (hereinafter “instant building and the instant land”).

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to purchase the instant real estate from the Plaintiff and build multi-family housing through an urban development project. The purpose of this Agreement is to fully recognize the facts of the Plaintiff and the Defendant on the premise of this Agreement, to determine specific matters following the purchase of real estate, and to faithfully perform their mutual rights and obligations in order to achieve the goal.

Article 3 (Methods of Paying Real Estate Price)

2. The purchase price shall be paid as follows:

1) The down payment shall be 10% of the purchase price, and the Defendant, after signing and sealing on a land sales contract with each other, demands necessary documents, and then immediately forward the balance to the account designated by the Plaintiff. (ii) The balance shall be 90% of the purchase price, and shall be remitted to the Plaintiff’s account designated by the Plaintiff within one month after the designation of an urban development zone and

Article 4 (Presentation of Authorization Documents) The plaintiff must provide all the documents related to authorization and permission under the Urban Development Act at the time of entering into a land sales contract for the purpose of the project, with the seal imprint and seal imprint certificates (six copies) simultaneously with the contract.

Article 5 (Statement Guarantee) The plaintiff has the nature of the business.

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