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(영문) 인천지방법원 2012.07.26 2011가합21279
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 31, 2001, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to each real estate listed in the separate sheet owned by C (hereinafter “the forest of this case”) on December 10, 1998 on the ground of the pre-sale agreement on December 10, 1998.

B. D B. On August 23, 2007, purchased the forest land of this case in KRW 1,150,000,000, and entered into a contract with the Defendant for the transfer of ownership by the method of completing the principal registration based thereon upon the transfer of the provisional registration of this case. Accordingly, on December 26, 2007, as to the provisional registration of this case from the Defendant on October 25, 2007, it received a supplementary registration prior to the right to claim ownership transfer (hereinafter “instant supplementary registration”) from the above registry office under Article 50910 on the ground of transfer of contract on October 25, 2007.

1. Location (1) : Area of E, F, G, and H (including standing timber) (2) in Seocheon-si, Gyeonggi-do: 64,859 square meters (excluding the equity shares of H 82,625 square meters among them) (3) land category: Forest land;

2. (1) Transfer of ownership of the real estate held by the owner C (2) Transfer of right to claim a provisional registration by the holder of right to claim a provisional registration;

3. Total amount of purchase price: 1.5 billion won (1) shall be paid at the time of a contract of 200 million won.

(2) Part payments: 80 million won shall be paid on June 28, 2008.

Provided, That the deposit order among D shall be paid immediately.

(3) Balance: 500 million won shall be paid on January 2008.

It shall be two months after the payment of the mid-term contract.

4.The Parties to this Agreement confirm that they sufficiently understand and do not raise any objection to:

(1) In August 2007, the buyer is aware that there exists a sales contract between the seller and D in relation to the real estate (hereinafter “D contract”) and that at present B is proceeding with D in a lawsuit for cancellation of provisional registration under the premise that D contract is null and void (hereinafter “the lawsuit for cancellation”).

(ii).

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