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(영문) 대구지방법원 2018.04.03 2016가단29415
소유권이전청구권가등기말소등기등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall make a promise on July 3, 2008 to sell and purchase real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On July 3, 2008, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a sales contract with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 3, 2008, the purchase price of KRW 156,00,000 shall be KRW 60,000,000, and the down payment amount of KRW 95,600,000 shall be paid on the day, and the balance of KRW 95,60,000 shall be paid until December 30, 209 (hereinafter “instant sales contract”) and completed the registration of ownership transfer claim on the instant real estate on the ground that the remainder payment date becomes due to the conclusion of the sales contract (hereinafter “instant sales contract”).

B. According to the sales contract of this case, M shall not submit all the documents required prior to the registration to the Defendant Company (Article 3), and M shall not submit all the documents necessary for the transfer of ownership on the date of the balance agreement without any justifiable reason, or shall not issue an order to sell and purchase real estate.

If the Defendant Company causes damage to the progress of the business due to the refusal to receive any balance, refusal of sale of real estate, etc., M is liable for all damages, and M is not returned (Article 4); M is adjusted all obstacles that interfered with the progress of the Defendant Company, such as cemeteries on land, cultivated goods, and tenants, by the remaining agreed date (special agreement 1); M is determined to submit documents for authorization and permission to the Defendant Company simultaneously with the receipt of down payment.

(2)(c).

M, even after the expiration of December 30, 2009, the remainder payment date, did not mention that the Defendant Company would pay any balance. M prepared all necessary documents prior to the registration and urged the Defendant Company to pay any balance on several occasions, including the issuance of a personal seal impression on the instant real estate without any cemetery, arable, or tenant.

M was deceased on January 3, 201, and the plaintiff was caused by inheritance through consultation and division on August 22, 2016.

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