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(영문) 의정부지방법원고양지원 2016.10.27 2014가단62728

소유권말소등기

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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 18,127,262 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On October 25, 201, the Plaintiff entered into the first sales contract between the Defendant and the Defendant for the following:

The indication of real estate. The indication of real estate: (a) the equity interest in the Gyeonggi-do Socheon-gun C, 1/4 of D, E, F, G, and the purchase price of detached housing: 78 million won (the down payment and intermediate payment 37 million won on the day of the contract shall be paid; and (b) the balance of 41 million won shall be succeeded to the Defendant’s bank loans on January 31, 2012.

B. Of the above real estate (each of the real estate in this case is the land located at H, and only the parcel number is indicated) land E was the Defendant’s relative I’s name, and the Defendant did not file a transfer registration with the Plaintiff until August 2012.

C. On August 27, 2012, the Defendant prepared and delivered the following loans and notes (hereinafter “instant notes”) to the Plaintiff.

I have purchased and sold a total of 78 billion won in total, including C, D, F, and G, under the condition that E (owner I) will transfer its ownership to the Plaintiff, and shall promptly return 50 million won in total to the Plaintiff if I would not transfer its ownership to the Plaintiff by September 27, 2012.

On September 6, 2012, the Plaintiff entered into a secondary sales contract with the Defendant, which added J and K land to the real estate listed in the primary sales contract as follows:

"The entire land of this case, including the land subject to the second sales contract and the E land under the said second sales contract,"

The date of preparation on the sales contract is August 10, 2012.

The sales amount was determined as KRW 81 million.

C 1/4 shares of C 120,000,000 Won in 1/4 shares in D 10,000,000 G 500,000,000 G 130,000 G 130,000 won in land for the ground of which J 20,000,000 won in G 20,000 won in 130,000 won in 130,000 won in aggregate in land for the ground of which 810,000,000 won in addition to 130,000,000 won in total;

E. Of the remainder of the second sales contract 44 million won, 4 million won (additional land price) is the Plaintiff on September 3, 2012.