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(영문) 수원지방법원 2016.12.08 2016나52903
추심금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On August 22, 2007, the Defendant acquired the Defendant’s forest land ownership and registered the establishment of a neighboring mortgage (hereinafter “I”) 1 on August 22, 2007.

(2) The term “each of the instant forests” refers to the term “each of the instant forests” under the name of F forest land 798 square meters, G forest land 1,248 square meters, and H forest land 117 square meters (hereinafter “the instant forest”).

(2) On September 1, 2008, the Defendant completed the registration of establishment of a neighboring agricultural cooperative consisting of the mortgagee, both of whom are the mortgagee and the mortgagee.

B. On May 7, 2010, the Defendant entered into and performed a sales contract between the Defendant and C, and one-half shares of each forest of this case (hereinafter “instant co-ownership shares”) (hereinafter “instant co-ownership shares”).

A) The sales contract was concluded for sale, and its main contents are as follows (hereinafter “instant sales contract”).

(i) [Real estate sales contract]

1. The Defendant sells 1,081.5 square meters of the total area of each forest of this case, which amount to 2,163 square meters, to C, and the Defendant and C intend to own as co-ownership shares.

2. C shall gratuitously acquire the share of this case purchased from the Defendant.

Provided, That the acquisition report price of the instant co-ownership acquired by C shall be 181,49 won per square meter.

3. The Defendant’s capital gains tax incurred from the instant sales contract is borne by C.

4. The taxes and public charges accrued and paid to the defendant on August 6, 2007 after the defendant acquired each forest of this case on August 6, 2007 shall be paid to the defendant by C.

5. The Defendant’s responsibility for the loans of 110,500,000 won to each of the instant forests and fields, each of which is the maximum debt amount of the agricultural cooperatives.

7. When the defendant and C sell each of the forest of this case in the future (the sale price shall be at least 600,000 won per square day) the forest of this case shall be sold together without any objection.

2. On May 13, 2010, the Defendant completed the registration of ownership transfer in the name C with respect to the instant co-ownership shares.

C. The plaintiff's share of co-ownership of this case

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