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(영문) 춘천지방법원영월지원 2015.11.18 2014가단2933
소유권이전등기
Text

1. As to one half of each of the real estates listed in the separate sheet

A. Defendant B is individually against Defendant C.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a sales contract with D around June 2010, 2010, referred to as “the instant forest prior to the division” in common name as 3,372m2, F forest and field 18,149m2 (hereinafter “the instant forest and field”).

(2) As to the instant forest land, “The land was stored in the door.” The remainder after paying only the down payment and receiving the loan, and then selling the land in installments can be seen as making a big profit if the land was sold in installments.” The instant forest land was jointly purchased with D prior to the division. 2) Of the instant forest land, G and H were owned by Defendant C with the size of 18,149 square meters of F forest land. D was the seller as to the instant forest land prior to the division with Defendant C on June 9, 2010, and the buyer was paid KRW 50 million on the date when the contract was concluded, and KRW 50 million on the date when the contract was concluded, and the remainder should be paid KRW 40 million on the date when the contract was concluded.

B. The Plaintiff’s payment of the purchase price, etc. and the transfer registration under Defendant B’s name (i) transferred KRW 25 million to the account in the name of Defendant B as the down payment for the purchase of the instant forest before subdivision on June 9, 2010 at the request of the Plaintiff, and thereafter, during five times from July 14, 2010 to August 13, 2010, a total of KRW 125 million was transferred to the Defendants’ account in the name of the Defendants for the remainder of the instant forest land before subdivision. (ii) On August 13, 2010, the ownership transfer registration for the instant forest was completed under the name of Defendant B on August 2, 2010 under the name of the Defendants.

3. Upon D’s request, the Plaintiff transferred KRW 72,262,854 to the account under Defendant C’s name, KRW 18,744,740 to the account under the name of Pyeongtaek-gun Office, KRW 300,000 on April 8, 2011, and KRW 1 million on May 6, 201, respectively, to the account under the name of Pyeongtaek-gun Office. Between April 5, 2011 and May 6, 2011.

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