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(영문) 광주지방법원 2016.08.05 2015가단510783
소유권이전등기
Text

1. As to the 2,863 square meters in Gwangju Mine-gu:

A. Defendant B received on May 21, 2013 from the Gwangju District Court to Defendant C.

Reasons

1. Basic facts

A. On May 11, 2011, the Defendants: (a) drafted a written contract with Defendant C to sell KRW 530,000,000 of the 2,863m2 in Gwangju Mine-gu (hereinafter “instant land”); and (b) stated that “the said written contract is a condition for the sale of a building permit and all rights in accordance with the building permit (the gas station and charging station) on the said land.”

B. On May 11, 2012, the Defendants prepared a contract for selling the instant land to Defendant C in KRW 315,000,000, and around the same time, Defendant B transferred to Defendant C the right to permit gas and gas filling stations (hereinafter “gas filling stations”) on two parcels outside the instant land (the actual transferor is Defendant B and the nominal transferor are the authority to permit gas stations) at KRW 215,00,000.

C. Defendant C paid Defendant B totaling KRW 530,00,000 on several occasions from May 201 to July 2012.

Defendant C completed the provisional registration of the right to claim ownership transfer on May 21, 2013 regarding the instant land.

E. The Plaintiff’s KRW 50,000,000 on June 29, 2012 to Defendant C, and the same year

2. 160,000,000 won, and the same month; and

3. 50,000,000 won for the 24th day of the same month, 100,000,000 won for the 14,40,000,000 won for the 10th day of November of the same year, 20. 20,500,000 won for the 20th day of December of the same year, 70,000 won for the 70,000,000 won for the 30,00,000 won for the 18th day of the same month, and the same year.

7. 22.40,000 Won in total. 531,900,000

F. The Plaintiff’s passbook (FF) in the name of the head of the Tong (FF) managed by Defendant C, the Plaintiff’s KRW 10,000,000 on May 20, 2013, and the same year.

6. A total of KRW 110,000,000 has been remitted for 20.10,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 8, 16, 19, 21, 30, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Claim against Defendant C

A. The Plaintiff and Defendant C agreed to purchase the instant land on June 29, 2012 and to newly construct and operate gas stations on the ground.

Therefore, the above land and the above defendant.

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