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(영문) 인천지방법원부천지원 2017.09.08 2016가합101418
지위확인 등
Text

1. The registration of creation of superficies and the registration of creation of a neighboring mortgage among the conjunctive claims filed by the plaintiff (Counterclaim defendant) in the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The instant joint development agreement and the Plaintiff’s land sale 1) around July 2014, the Plaintiff and the Defendant indicated all the land less than 6,357 square meters in Kimpo-si, Kimpo-si, the Defendant owned by the Defendant, are land located in the same Ri and specified only below the parcel number. Moreover, the part of 7,404 square meters out of the total of 8,43 square meters in D 2,076 square meters (hereinafter “land subject to business”).

(2) The Plaintiff and the Defendant, who did not prepare the initial agreement, entered into the first sales contract on part of the land subject to the project, entered into a joint development agreement on October 18, 2014 with the following content: (a) the real estate development agreement was entered into on October 18, 2014; and (b) the real estate sales agent E:

(hereinafter “instant joint development agreement”). Meanwhile, at the time of the conclusion of the said agreement, the registration of the establishment of a mortgage (the secured debt amounting to KRW 835,00,000) and the establishment of superficies was completed on the land subject to the project under the name of Kimpo Agricultural Cooperatives, but the Plaintiff and the Defendant agreed to pay the said debt first from the sale price.

(Article 6(1). The purpose of this Agreement is to provide land in connection with the real estate development project, Article 1(1) of the Joint Development Agreement for Real Estate (Evidence No. 1) and to promote profit by selling in lots the authorization, permission, construction work and development.

Article 2 (Indication of Real Estate)

1. Address: Gyeonggi-do Kimpo-si C, D;

2. Contract area: 7,404 square meters (2,240 square meters or 2,240 square meters or 7,404 square meters or 3.305 square meters or 3.305 (in calculating the number of parcels, the same method shall apply) of the contract area among the total area of 8,43 square meters, shall be 7,404 square meters, and 1,029 square meters shall be excluded from the project site. The land price under the preceding Article (land price) shall be determined as 50,000 square meters per square meter (Won 50,000) and the land price shall be apportioned in proportion to the number of parcels in lots at the time of sale;

(Total Amount: 2,240 square meters x 500,000 won = 1,120,000,000) Article 4 (Business Contributions)

1. A shall carry out the Project.

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