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(영문) 의정부지방법원 2015.01.28 2013가합5289
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 9, 2001, the defendant purchased the land, and the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Infrastructure Corporation.

hereinafter referred to as "Korea Rural Community Corporation"

(B) each of the real estates listed in the separate sheet (hereinafter “instant land”) from

(2) According to the above sales contract, on July 6, 2001, the registration of ownership transfer was completed in the name of the defendant as to the land of this case on July 6, 2001, and the registration of establishment was completed in the name of the debtor, the defendant, the maximum debt amount of KRW 176,40,000,000 in order to secure the defendant's obligation for payment.

B. On April 16, 2002, the Plaintiff purchased the instant land from the Defendant for KRW 146,000,000 (hereinafter “instant sales contract”) with the following content:

(2) The transfer registration of ownership was made after July 9, 2008 in consideration of the fact that the land of this case was subject to a limitation of resale, etc. within eight years from the date of the contract, and the land of this case was transferred after the payment of the down payment and the intermediate payment of KRW 10,000,000 and the intermediate payment of KRW 16,000 on the date of the contract, and the remainder of KRW 120,000 on the date of the contract shall be paid by the Defendant to the Korea Rural Community Corporation, and the remainder of KRW 120,000 shall be paid by the Defendant in lieu of the Plaintiff.

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