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(영문) 수원지방법원 2016.03.31 2015가합1898

원인무효로 인한 소유권이전등기말소 등

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1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff entered into a sales contract with the Defendant to sell a total of 20 parcels of land, including each real estate listed in the separate sheet, for KRW 4,048,572,038 (hereinafter “instant sales contract”); and the Defendant completed the registration of ownership transfer as of November 12, 2012, with the Suwon District Court Seosung Branch Office (No. 167187, Nov. 12, 2012).

1. (1) The Plaintiff and the Defendant verify the existence of the instant sales contract, and re-verification that the registration of ownership transfer for each of the instant lands has been made by a document verifying on November 5, 2012, which was directly prepared by B, the representative director of the Plaintiff, to implement the procedure for ownership transfer registration pursuant to the instant sales contract.

(2) In addition, each of the lands of this case and its ground buildings of this case, offices, fixtures, etc., and all of the above-ground objects of this case, including buildings and fixtures, and movable property, buildings, and fixtures in a building and a road (which shall be part of the construction at the time of the conclusion of the sales contract of this case), and movable property, buildings, and roads on construction, including fixtures in a building, and fixtures, shall be re-checked to the buyer, and shall cooperate with the buyer in all procedures related to the transfer of ownership, and the plaintiff shall not raise any objection to any civil or criminal objection related thereto in the future (this shall be a special agreement to file a lawsuit). 8. The plaintiff and its joint guarantor shall not raise any objection to the existence of the sales contract of this case, the calculation of the purchase price, and the payment of the purchase price (the special agreement to file a lawsuit).

The Defendant, the representative director of the Plaintiff, entered into the instant sales contract with a person who is not authorized to dispose of the property, etc., and the Plaintiff and the Plaintiff on December 19, 2013.