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(영문) 청주지방법원충주지원 2016.07.07 2016가단20353

소유권이전등기

Text

1. The Defendant traded to the Plaintiffs on October 20, 2014 with respect to the portion of 3306/58632 square meters among D forest land 58,632 square meters in Chungcheongnam-si.

Reasons

1. Basic facts

A. On December 20, 2014, the Defendant prepared a sales contract (hereinafter “instant contract”) stating that he/she sells 3306/58632 shares owned by the Defendant (hereinafter “instant land shares”) in the amount of KRW 70,000,000 among D forest land 58,632 square meters in Chungcheongnam-si, Chungcheongnam-si, and issued it to the Plaintiffs. Of the instant contract, the buyer column was a blank.

B. The Plaintiffs paid the Defendant KRW 10,000,000,000 on October 21, 2014, and KRW 20,000,00 on November 7, 2014, respectively.

C. On November 7, 2014, Plaintiff A and the Defendant prepared a written confirmation (hereinafter “instant confirmation”) to the effect that “(i) the share of the instant land is divided and registered for the purpose of real estate sale; (ii) the down payment of KRW 10,000,000 out of the purchase price was paid on October 21, 2014; (iii) the intermediate payment was made until November 7, 2014; (iv) the intermediate payment of the sale price was made until December 7, 2014; and (v) the provisional attachment of real estate was made at the time of the completion of the outstanding payment of the purchase price; and (iv) the Suwon District Court 2013Kadan1724, 13214 was cancelled upon the completion of the payment of the intermediate payment of the purchase price.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 6 (including each number in case of additional number), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The following circumstances, which are acknowledged by comprehensively taking into account the facts of the judgment on the cause of the claim and the overall purport of the pleadings, that is, the defendant prepared the confirmation document of this case with the plaintiff A. The above confirmation document is a content premised on the establishment of a sales contract for the share in the land of this case, ② the defendant recognizes that the plaintiff delivered the contract of this case to the plaintiffs in a state of disturbance, ③ the defendant claims the cancellation of the sales contract, which is premised on the fact that the sales contract was concluded.