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(영문) 수원지방법원안양지원 2014.06.26 2013가단24755
소유권이전등기
Text

1. On September 24, 2013, the Defendant concluded a transfer of ownership agreement with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On June 4, 2013, the Plaintiff: (a) on June 4, 2013, during the period of Ansan-si owned by the Defendant, the Plaintiff No. 101 (attached Form 1; hereinafter “instant No. 101”).

[Attachment 1] and 102 (hereinafter “instant 102”) and “each of the instant real estates” together with the aforementioned 101.

A contract to purchase KRW 2,350,000,000 (hereinafter “instant sales contract”)

(2) The Defendant: (a) received total of KRW 238,950,000 on the day of the contract and KRW 130,000 on the following day from the Plaintiff and received KRW 238,950,000 on the following day; and (b) received all the down payment of KRW 250,00,000.

3) At the time of the instant sales contract, the dispute over the settlement of the business partnership between the Defendant and D was in progress, and the registration of provisional seizure was completed in the name of D, and the registration of provisional seizure was in progress. As to the special agreement of the instant sales contract, the above provisional seizure, provisional disposition, and order were to be solved by the seller, and accordingly, the remaining payment and transfer of ownership of the sales contract of this case were to be resolved by the provisional seizure, provisional disposition, etc., and it did not specify the date. (B) D was to jointly invest with the Defendant to purchase commercial buildings and divide operating profits after purchasing commercial buildings. In the process, there was a conflict between the Defendant and the Defendant on the settlement with the Defendant, and as seen earlier, D and D were disputing in the lawsuit, such as transfer of ownership, transfer of buildings, and return of trade funds.

2) On September 24, 2013, the Defendant paid D KRW 140 million to D on September 24, 2013 (payment of KRW 40 million as agreed down payment, and KRW 100 million as agreed upon by D on October 14, 2013.

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