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(영문) 수원지방법원안양지원 2017.06.02 2015가단11180

지분권이전등기절차이행

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 8, 9, 10, 11, 12, among the land size of 982 square meters in Gyeonggi-si Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 17, 2006, the Plaintiff purchased the instant land in KRW 178,200,000 from D.

B. On June 2010, the Plaintiff entered into a verbal agreement with the Defendant to sell 1/2 of the instant land owned by the Plaintiff at KRW 90 million, which is calculated as KRW 600,000,000, from among the instant land owned by the Plaintiff. Pursuant to the said agreement, the Defendant paid the Plaintiff KRW 50,000,000 as the purchase price of the instant land and KRW 25,00,000,000 as the purchase price of the instant land on June 7, 2010.

C. On September 2013, the Plaintiff demanded the Defendant to pay the remainder of KRW 15 million out of the purchase price of the instant land. On September 23, 2013, the Plaintiff and the Defendant entered into a sales contract on the instant land (hereinafter “instant sales contract”) with the Defendant, and the key content thereof are as follows.

Subject matter to sale: The transfer of ownership of KRW 90 million (a contract deposit of KRW 75 million, a balance of KRW 15 million) from the instant land: The Plaintiff shall deliver all the documents required for the registration of the transfer of ownership to the Defendant at the time of the receipt of the balance and shall cooperate with the registration procedure, and the said real estate shall be handed over on September 23, 2013.

Special contract terms - The sale rate shall be 600,000 won per deliberation, and 1/2 of the total area shall be traded.

- At present, an unauthorized building is constructed on this land, which the plaintiff and the defendant jointly agreed on the power, and the transfer of registration refers to the processing date after the removal of the unauthorized building.

- The Plaintiff shall set up and maintain the right to collateral security of KRW 90 million with respect to the sale and purchase before the ownership thereof.

- The sales contract amount shall be substituted by the payment of KRW 75 million to the Plaintiff’s passbook on March 2010, and shall be paid KRW 15 million per gold day.

- It promises that all actions related to the land, such as future management and disposal of the land, shall be dealt with through consultation.

- There is no establishment or infringement on the register;

The plaintiff.