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(영문) 수원지방법원 성남지원 2017.02.14 2014가단216446
소유권이전등기
Text

[Defendant B]

1. Defendant B’s sales contract on the following real estate to the Plaintiff on April 29, 201.

Reasons

1. Basic facts

A. 1) Defendant C’s forest land in Gwangju City from January 22, 2005 (hereinafter “instant land”) on January 22, 2005

() A contract was concluded to purchase KRW 1.49 billion of 24,147 square meters. Defendant C paid to Defendant B the sum of KRW 140 million on the contract date, the intermediate payment of KRW 600 million on April 29, 2005. The Defendants, under mutual agreement, determined the balance to be paid by Defendant C to Defendant B as KRW 390 million (the balance under the sales contract = KRW 350 million) (the sales balance under the sales contract = KRW 1.49 billion) - the total sales amount of KRW 1.44 billion, and the Defendants determined that the remainder to be paid by Defendant C was KRW 390,000,000,000 in consideration of other expenses incurred during the period.

The defendant C paid only part of the purchase price to the defendant C on October 13, 2005, and the provisional registration of the right to claim ownership was completed only for the share of 9,058/24,147 out of the land of this case.

3) Meanwhile, on March 31, 2011, the Plaintiff entered into a trade agreement with Defendant C to purchase part of the share ownership of the instant real estate from Defendant C, who was entitled to provisional registration and purchased the instant land from Defendant C, with the same location as the following drawings, and paid KRW 80 million to Defendant C on the date of the contract. 4) Thereafter, on April 29, 2011, the Plaintiff entered into a trade agreement with Defendant B, who is the owner of the instant land, with the same content as the purchase agreement with Defendant C on March 31, 2011. However, the purchase price under the sales agreement was formally 60 million won.

On April 30, 2011, the Plaintiff provided an intermediate payment of KRW 400 million to Defendant B.

5) After that, the Plaintiff and Defendant C are the same as the purchase price and size (6611.6m2) on May 9, 201, but they are in a remarks column.

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