토지인도
Of the principal lawsuit of this case, the part on the claim for confirmation of existence of lien against the Defendant (including the Counterclaim Plaintiff) and the Defendant C.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of the land indicated in paragraph (2) of the same list as the 1111/1970 shares (hereinafter “instant shares”) among the land indicated in paragraph (1) of the attached list, and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the company engaging in real estate development business, etc., and the Defendant C is the auditor of the Defendant Company.
B. On February 21, 2012, the Plaintiff filed an application for permission for mountainous district conversion for the purpose of creating Class I neighborhood living facilities (retailing stores) in the instant forest and obtained permission for mountainous district conversion (hereinafter “instant permission”), which is determined from the Ycheon City to February 15, 2012 as the area for conversion of mountainous district and the period for conversion of mountainous district from February 21, 2012 to January 15, 2014, and thereafter, the period for permission was extended on June 30, 2016.
C. On April 1, 2016, the Plaintiff sold the instant shares and the instant forest land (hereinafter collectively referred to as “each of the instant real estate”) to the Defendant Company, and concluded a sales contract with the Defendant Company to receive the down payment of KRW 10 million and KRW 20 million on May 10, 2016 (hereinafter “instant sales contract”). On the same day, the Plaintiff received KRW 10 million payment from the Defendant Company.
The contents of the contract prepared at the time of the instant sales contract are as follows.
Land lot number: D, E: 8,492 square meters (2,904 square meters) as above, the Plaintiff, the owner of the said real estate, refers to “A” and the Defendant Company “B”.
Article 1 “B” shall pay to “A” the agreed amount of contract for the said land.
Article 2 “A” shall provide “B” with all all documents necessary for providing security for financing to individuals or financial institutions designated by “B”, and shall be paid to “B” for confirmation simultaneously with the contract.
Article 3 “B” may directly receive KRW 20 million from a lender at a financial institution, individual, or any other place designated by “B” to “B”.