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(영문) 광주지방법원순천지원 2020.01.08 2018가단10054

소유권이전등기

Text

1. The defendant is based on the sale on March 5, 2004 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On March 5, 2004, D, the denyingr of C, intended to purchase from the Defendant for KRW 1.3 billion the purchase price of E forest land E 198,942 square meters and F forest land 19,934 square meters (hereinafter “real estate before division”) prior to the subdivision, and paid KRW 130 million on the date of the contract. However, even though the first intermediate payment, the second intermediate payment of KRW 30 million, the second intermediate payment of KRW 285 million, and the remainder of KRW 50 million were not paid, making it possible to confiscate the down payment.

B. Upon C’s request, G accepted the above sales contract with the Defendant on January 29, 2005, but it decided to succeed to KRW 65 million out of the down payment already paid KRW 130 million, and paid the intermediate payment of KRW 600 million. On May 29, 2005, G paid KRW 635 million. However, the buyer was the Plaintiff, the wife of G.

(hereinafter “instant trade”). C.

On May 31, 2005, the Plaintiff received a provisional disposition against the Defendant to prohibit the disposal of real estate as the right to claim the transfer registration of ownership due to the sale of the instant real estate before subdivision (hereinafter “provisional disposition of this case”). D. The Plaintiff received a decision against the Defendant to prohibit the disposal of real estate as the right to claim the transfer registration of ownership due to the sale of the instant real estate before subdivision.

On the other hand, around 2005, G engaged in the same work with I who is the father of H. In the process of filing a criminal complaint with I, G did not pay the balance of the instant trade. On June 13, 2006, the Plaintiff, D, and H agreed to withdraw the criminal complaint (hereinafter “instant agreement”) as follows.

Article 1 Article 1 and the Plaintiff agree to withdraw respectively the cases of No. 2005-Type 25812, and No. 2005-type 30961.

Provided, That in the event H agrees on the withdrawal of a complaint against the Plaintiff (which means either a clerical error or “G”, the Plaintiff and D shall jointly and severally pay KRW 300 million to H, and the implementation method thereof shall be as follows:

Article 2 The plaintiff and D shall be not less than 198,942 square meters of forest E in netcheon-si.