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(영문) 수원지방법원성남지원 2015.10.22 2015가단212724
청구이의
Text

1. The collection amount of the Plaintiff’s Defendant based on the order of seizure and collection, set forth in the District Court Decision 2015TTT 5873.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiff entered into a sales contract of this case and the title trust Plaintiff entered into a sales contract with C to sell KRW 550,000,000 (hereinafter “instant sales contract”) the land owned by the Plaintiff for KRW 3,046 square meters (hereinafter “land before division”).

C decided to trust the registration title to the defendant, who is the birth village, who is not entitled to land transaction permission in his own name with respect to the land located within the area subject to permission of land transaction contract.

Since then, the Plaintiff received KRW 550,000,000 from C as the purchase price, and completed the registration of ownership transfer with respect to the land before subdivision on June 16, 2006.

B. On August 3, 2009, the Defendant sold 661 square meters of land among the land before subdivision to E on KRW 200,000,000 according to C’s delegation. On June 24, 2013, the Defendant sold 1,421 square meters of land before subdivision to F in KRW 387,00,000.

On November 13, 2012, the land before subdivision was divided into 1,421 square meters prior to D, G 964 square meters prior to G, and H 661 square meters prior to H (hereinafter referred to as “D land”) and the registration of ownership transfer was completed in the future in relation to D land and H land, respectively.

C. A lawsuit between C and the Defendant filed a lawsuit claiming ownership transfer registration against the Defendant regarding G land remaining in the name of the Defendant (this court 2013da211086). Accordingly, the Defendant filed a counterclaim seeking reimbursement of expenses incurred in managing the land before subdivision (2013Gada44033).

On April 8, 2014, the above court rendered a judgment that “C shall dismiss the principal suit. C shall pay the Defendant KRW 148,398,710 and the delay damages therefor.”

On February 5, 2015, the appellate court appealed only against the Defendant, and the appellate court accepted the Defendant’s appeal partially on February 5, 2015, and “C” additionally accepted KRW 7,902,400 and damages for delay.

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