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(영문) 수원지방법원 2016.01.28 2014가합14026

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant comprehensively succeeded to the rights and obligations of the Korea Land and Housing Corporation pursuant to Article 8 of the Addenda to the Korea Land and Housing Corporation Act (Law No. 9706, May 22, 2009)

(hereinafter referred to as “Defendants” both the Korea Land Corporation and the Defendant. (b)

C Housing site development project: D large 737 square meters (hereinafter referred to as “one site”) and E large 727 square meters (hereinafter referred to as “two sites”) in Chungcheongnam-si (hereinafter referred to as “the instant site”) were combined after the completion of the said project, and the lot number, etc. was determined to be B large 1464.2 square meters (hereinafter referred to as “the instant site”) owned by the Defendant.

C. On November 28, 2001, the Defendant entered into an agreement with the Agricultural Cooperatives Federation (hereinafter “CF”) and the Agricultural Cooperatives (hereinafter “CF”) on the following terms (hereinafter “CF”) with a loan to a person recommended by the Defendant who purchased land from the Defendant and received a recommendation from the Defendant (hereinafter “Buyer”).

Article 5 (Preservation of Loan Claims) (1) Where any of the following causes for refund of land occurs before the implementation of a land sales contract, the defendant shall pay the amount equivalent to the loan-related claims from the refund of the land price paid by the purchaser, excluding the contract deposit, to the Nonghyup and the defendant, in accordance with the letter submitted by the purchaser to the Nonghyup and the defendant:

However, if there is a third party's measure to preserve rights, such as seizure, provisional seizure, etc., or it is not possible to pay directly to the agricultural cooperative, the cancellation refund shall be deposited.

1. Where the defendant has to refund the price to the purchaser due to the repurchase of land, cancellation or cancellation of a contract for the sale of land;

2. Article 6 (Cancellation, etc. of Loan Contract before the completion of Land Sales Contract) (1) Where agricultural cooperatives request the Defendant to cancel the loan contract after the termination of the loan contract and refund of the corresponding amount of the loan due to the occurrence of the cause for the cancellation of the loan contract to the Nonghyup due to delayed repayment of the buyer’s loan to the Nonghyup, etc. (i) The principal and interest of the loan to be paid by the buyer shall