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(영문) 수원지방법원평택지원 2013.10.24 2013가합463

청구이의등

Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. Defendant B’s Co., Ltd. 1.

Reasons

1. Basic facts

A. The conclusion of the sales contract for the instant forest was made with the following: (a) F, net G (the Defendant’s father, the representative director of Nonparty D’s H); and (b) on May 7, 1997, Jinsung-si Co., Ltd. (hereinafter “D”) concluded a sales contract for selling KRW 109,38m2 (the share in public land is KRW 49,619,109,388, G54,694/109,388, G5, 1075/109,388) and 11m2 (the share in public land is KRW 54,694,694/109, 108, 15, 1075/109, 388) to sell the forest of this case in eight billion won; and (c) received the down payment and the intermediate payment.

(2) On June 2, 1998, F, G, and I prepared an agreement with D to the effect that “if D did not pay a balance of the purchase price by August 15, 1998, the due date for payment of the land price,” “if D did not pay by August 15, 1998, the due date for payment of the land price, it shall be transferred to F, G, and I free of charge except for the project cost invested in the project (hereinafter “instant agreement”).

(3) D did not pay the balance to F, etc. by August 15, 1998.

B. (1) F, G, and I completed the registration of transfer of ownership with No. 15418 against D on June 3, 1998 following the date following the preparation of the above agreement.

(2) On January 31, 200, D entered into a contract to sell 7/10 of the forest of this case 7/10 of the forest of this case to 11.2 billion won, and to 3/10 of the forest of this case for 3/10 of the real estate to 3.5 billion won, and on June 7, 2000, the forest of this case transferred all 3/10 of the ownership in the name of 3/10 of the industrial development in the name of 3/10 of the forest of this case to 200.

(3) As to the portion of 7/10 of the forest land of this case, the registration of ownership transfer under the title of this integrated construction has been completed as of July 3, 200 by the Sungwon District Court’s Ansan Registry No. 19596, Jul. 3, 200, and as to the portion of 3/10 of the forest land of this case, the title of the