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(영문) 창원지방법원 거창지원 2018.08.28 2014가단3950

소유권이전등기

Text

1. The Defendant entered into an agreement on May 23, 201 with respect to the Plaintiff’s share of 100/55,537 square meters among 55,537 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-do.

Reasons

Basic Facts

On October 18, 2006, the Defendant purchased 30 square meters of 55,537 square meters of the forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter the above forest land referred to as “instant land”; among them, 30 square meters of 55,537 square meters from D, which is the owner of 1/3 equity of the above land (hereinafter “the preceding sales contract of this case”); and on March 10, 2005, the Defendant purchased 6 mar (hereinafter “2 land of this case”) of 1/3 equity from the owner of the above land from G on the register.

(B) On December 19, 2016, the Defendant purchased a 2,047m2 (hereinafter “H land”) from around 19, 2016, and completed the registration of the establishment of a mortgage on the said land on March 7, 2007, after completing the registration of the ownership transfer on December 22, 2006, the Defendant completed the registration of the establishment of a mortgage on the said land (hereinafter “I”); and on January 15, 2008, the registration of the establishment of a mortgage on the said land amounting to KRW 70 million with the debtor, the maximum debt amount, KRW 70 million with respect to the Defendant, and completed the registration of the establishment of a mortgage on the said land on March 7, 2007.

On May 23, 2011, K and the Plaintiff drafted a real estate sales contract (Evidence No. 10-1, hereinafter “instant sales contract”) stating that “the Plaintiff shall purchase from J two parcels, other than H land, KRW 110 million, and the down payment of KRW 11 million shall be paid at the time of the contract, and the intermediate payment of KRW 39 million and the remainder of KRW 60 million shall be paid on May 23, 201.”

On May 23, 2011, the Plaintiff agreed to lend KRW 150 million to the Defendant. On the same day, the Defendant agreed to pay the Plaintiff the principal and interest together with KRW 250 million. On the same day, the Plaintiff issued relevant documents, such as a sales contract for the instant land, D’s consent to use of land, and G’s consent to use of land, which was concluded with D, to the Plaintiff.

On May 23, 2011, the Plaintiff was the Defendant’s account of KRW 10 million in the Defendant’s L’s account and the J’s account designated by the Defendant.