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(영문) 광주지방법원목포지원 2015.07.23 2014가합1107

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. 1) Any horse-bata club (hereinafter referred to as “bataf club”) in the form of a bata club, Inc. (hereinafter referred to as “bataf club”)

(1) On October 9, 2006, the Defendant had a total of 234,753 square meters from the Defendant on a total of 234,753 square meters (hereinafter “instant project site”).

A) A planned urban planning facility project that establishes a public golf course including a golf course with nine holes of golf and a road (hereinafter “instant project”).

2) In addition, in relation to the public property owned by the Defendant, it was designated as the implementer of the relevant business, and in relation to the 2,687m2 forest in Hagu-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in the foregoing business site, the Defendant entered into a sales contract with the Defendant for the purchase of KRW 308,029,000,000,000,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.

3) However, as it was impossible for the business of this case to continue due to the aggravation of business management, around December 21, 2009, the procedure of public auction was commenced with respect to the instant land except for the instant land leased, and around February 24, 2010, with respect to a building newly constructed on the ground of the instant land, the procedure of compulsory auction (this court) was commenced, respectively. Accordingly, on November 10, 2010, the Plaintiff purchased the said real estate in each of the above procedures. On November 10, 2010, the Plaintiff acquired the instant business right and the right to lease the instant land leased from the Habybya club. 4) followed by the Plaintiff and the Defendant around April 11, 2011, the Plaintiff concluded a loan agreement with the Defendant as public property from the Defendant to April 11, 2011, with respect to the land leased in this case and the area of 55-6-6,046 square meters.

The main contents of the above loan agreement are as follows: