(영문) 대구지방법원 2015.08.12 2014가단50934

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(영문) 대구지방법원 2015.08.12 2014가단50934

소유권이전등기말소

Text

1. The Plaintiff, among the 19372 square meters of forest land B in Yongcheon-si, and the Defendant E.I.D. shares 9429/19372.

Reasons

1. Basic facts

1.The seller shall submit to the buyer all the written consent of use and all any documents required to construct a factory together with the above parcel.

2. In lieu of part payments with loans, and thereafter interest on loans shall be borne by the buyer;

3. If a seller fails to pay any balance, the seller shall pay for any balance of loans extended additionally by him/her.

4. All financial relations shall not be conducted by the buyer without the consent of the seller.

5. If the buyer is unable to pay any balance, he shall not claim the construction cost and all of the costs to the seller and shall waive any right.

The buyer is responsible for all expenses incurred in the above matters and the transfer income tax.

On November 5, 2013, the Plaintiff entered into a sales contract with the Plaintiff for the remaining KRW 19372 square meters of forest land B (hereinafter “instant forest”) in Yeongdeungpo-gu, Youngcheon-gu, the Plaintiff owned at KRW 750 million, and the intermediate payment of KRW 550 million was paid on the date of the contract, and the intermediate payment of KRW 50 million was paid on December 5, 2013. The Plaintiff entered into a sales contract with the Plaintiff for the remainder of KRW 190 million to be paid on March 5, 2014.

(hereinafter “instant sales contract”). The terms and conditions of the instant sales contract are as follows:

B. On June 18, 2014, the Plaintiff entered into a contract with C and the Defendants under the title of the exchange deed.

(2) The Defendants are obliged to pay 810 million won to the Defendants, who purchased the forest land of this case, for the following reasons: (a) the Plaintiff completed the registration of ownership transfer following the real estate sale; and (b) the Defendants are obliged to pay 810 million won to the Defendants as the collateral obligation of the right to collateral security (hereinafter “instant right to collateral security”); and (c) the interest accrued after June 18, 2014 is liable to the Defendants; and (d) on July 20, 2014, the Plaintiff shall obtain the approval of the change in the name of the authorization and permission of Yongcheon-si by July 20, 2014.

In this regard, the Defendants confirmed the buyer, and C guaranteed the buyer.

C. The Plaintiff is the Defendant Co., Ltd. on June 23, 2014.

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