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(영문) 의정부지방법원 2015.01.13 2012가단18717

부동산인도 등

Text

1. For the plaintiffs:

A. Defendant C received KRW 40,000,000 from the Plaintiffs and simultaneously entered in the separate sheet.

Reasons

1. Basic facts

A. The land indicated in the attached Table 1 (hereinafter “instant land”) is purchased and sold.

(2) On April 2, 2004, the land of this case was originally owned by E under Article 117 of the National Land Planning and Utilization Act, but around April 2, 2004, the land of this case was stipulated as follows: (a) 1.5% of the Plaintiff A, F 25% of the shares in the instant land, and G 30% of the shares in the instant land; (b) a vinyl household building (hereinafter “the instant real estate” including the instant land and the building above the instant land), which was constructed on the ground together with the instant land, jointly purchased the instant land in the amount of KRW 290 million and is subject to land transaction permission; and (c) by taking into account that it is subject to land transaction permission, the seller’s name until the land transaction permission is granted; and (d) in order to secure the buyer’s right to secure the buyer’s property right, the seller shall set the collateral security right on the real estate within 250% of the selling price.

(3) On May 20, 204, under the aforementioned contract, E completed the registration of creation of a mortgage with the maximum debt amount of KRW 500 million (45/100, 25/100, 30/100) with respect to the instant land based on each of the aforementioned equity ratios (45/100, 25/100, 30/100), but thereafter, part (10/100) of the F’s equity in the right to collateral security (right to collateral security) was transferred to H on August 5, 2005, and G’s equity was transferred to Plaintiff B through I due to his death on May 30, 2011. Upon cancellation of the land transaction permission zone, Plaintiff A transferred the registration of ownership transfer on September 15, 201 to Plaintiff B on September 30, 2011; Plaintiff 30/300 shares transferred on September 30, 2013; Plaintiff 30/31305 shares transferred on September 3034, 23031.

B. On the other hand, on December 20, 2007, the Plaintiff A, G, and F agreed to the Defendant C with the lease deposit amount of KRW 40 million for the lease deposit of the instant real estate and the lease period from December 20, 2007 to December 20, 2008.