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(영문) 인천지방법원 2017.01.10 2016가합56386

소유권이전등기

Text

1. The defendant is based on the sale on May 12, 2008 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. 1) C is the land of the land outside of the Incheon Reinforcement-gun D and four lots (hereinafter “instant land”).

2) Each of the real estates listed in the separate sheet on the ground (hereinafter “instant building”).

In order to newly build the instant land, the Defendant purchased the instant land from the Defendant around early 2007. At the time, the Defendant and C agreed to leave the ownership of the instant land in the name of the Defendant in order to avoid spreading due to administrative procedures, such as land transaction permission, etc., and also to obtain a construction permission under the name of the Defendant. (2) Accordingly, on April 3, 2007, the Defendant was the owner of the instant land and obtained a construction permission (permission number) to construct the instant building from the head of the Incheon Metropolitan City Strengthening Gun on April 3, 2007.

3) After May 29, 2008, Defendant and C are Co., Ltd. F (hereinafter “F”) substantially operated by C on May 29, 2008.

(B) The Plaintiff and the Defendant, and the Defendant received part of KRW 600,000,00,000 from the Defendant for the purchase of the instant land in KRW 600,000,00 from the Defendant. (b) C requested G to lend KRW 800,00,00 for construction funds during the construction of the instant land, while performing the construction of the instant building, and G to lend KRW 700,00,000 to the Plaintiff, the wife, as the Plaintiff.

(B) As to the instant land and building on May 12, 2008, the seller, the Defendant, the buyer, the buyer, and the sales price of the Plaintiff (C lent to the Plaintiff by August 30, 2008), if the seller fails to repay the amount of KRW 50 million by August 30, 2008, the seller shall substitute for the intermediate payment and the remainder.

) The real estate sales contract was drafted as a real estate sales contract (hereinafter “instant sales contract”).

3) G and C constitute the instant case.