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(영문) 대전지방법원 2019.07.03 2017가단7009

토지소유권이전등기이행청구

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1. The Defendant’s each of the Plaintiffs’ KRW 12,398,750 as well as 5% per annum from April 18, 2018 to July 3, 2019, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiffs are 8,926m2 (hereinafter “instant land”) for forest land D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

(A) The Defendant, the owner of August 5, 2016, concluded a sales contract with the Defendant to set the sales price of KRW 195,700,00 with respect to the said land as KRW 195,70,00 (Evidence A; hereinafter referred to as “first contract”).

Of the purchase price of KRW 195,700,000, the down payment of KRW 20,000 shall be paid at the time of the contract, and the balance of KRW 175,700,000 shall be paid after permission for development activities.

(2) The Defendant concluded the first sales contract and actively offered relevant documents necessary for the Plaintiffs to carry out solar power generation projects on the said land.

In addition, the defendant agreed to transfer the road area of the road to the plaintiffs as joint shares, which is used as the access road to the land of this case.

B. The second contract 1) The Plaintiffs requested the Defendant to provide the documents necessary for solar power generation projects after paying part of the purchase price, but the Defendant did not comply with the request. The Defendant: (a) provided the Plaintiffs with documents necessary for the said projects when paying the purchase price in lump sum; (b) the Plaintiffs and the Defendant concluded a modified contract on October 7, 2016 (hereinafter “the second contract”).

(2) The first contract was drafted with the purchase price of KRW 195,700,000, and the two plaintiffs as joint buyers. However, the second contract was drafted with one set of one set, in proportion to the amount by each plaintiff.

The purchase price of the second contract was KRW 195,700,000 as the same as the first contract, but the second contract was written as KRW 75,000 in the purchase price column of the second contract (Evidence A No. 2-1, 2-2) respectively.

(Total Amount of KRW 150,00,000, hereinafter referred to as “the second contract”) is registered under the name of the defendant or the defendant’s wife (hereinafter referred to as “the “the transport contract”).