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(영문) 인천지방법원 2015.06.24 2014가합389
소유권이전등기 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant 1) On June 25, 2009, the Defendant purchased the instant telecom, etc. from D, E, and F on three lots of land outside Incheon Nam-gu G, Nam-gu, Incheon, K, L, and M (hereinafter “instant telecom”).

2) In addition, 4 lots of the instant telecom, 54.7 square meters (hereinafter collectively referred to as “the instant telecom, etc.”) of land for the instant telecom, and 54.7 square meters of land for the Nam-gu Incheon Metropolitan City.

(2) The sales price is KRW 4.4 billion. The Defendant assumed over the obligation of KRW 3.3 billion (agricultural cooperative KRW 3 billion, KRW 3.3 billion, KRW 4.3 billion, and the remainder 1.1 billion was purchased on the condition that the Defendant would pay on June 25, 2009.2) At the time of the instant cartel, the registration was made in the name of D and E as to each of the shares of KRW 1/2 of the instant cartel, and the registration was made in the name of F, as to E’s shares of KRW 1/2 under the name of J, son, but in fact, the said three persons (hereinafter referred to as “original owners”) operated the instant cartel jointly.

3) The Defendant paid only KRW 200 million out of KRW 1.1 billion to the original owner on the date of the above contract and delayed the payment of the remainder KRW 900 million. The original owner, on June 25, 2009, entered into a contract under which the remainder of KRW 900 million from June 25, 2009 as a lease deposit, and entered into an agreement with the Defendant for the lease of the instant cartel. (B) On July 28, 2010, the Defendant entered into the exchange contract with the Plaintiffs in the presence of the original owner, and exchanged each real estate listed in the attached list owned by the Plaintiffs, etc. in the status of which the registration of ownership transfer was not completed under the name of the Defendant, with the consent of the original owner on July 28, 2010, to additionally pay KRW 500 million to the Defendant by December 20, 2010.

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