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(영문) 창원지방법원진주지원 2016.01.15 2015가단8175
소유권이전등기절차이행 등
Text

1. Defendant C is based on the transfer on August 11, 2015 with respect to the land size of 294 square meters in South-Namnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. Defendant B, on August 18, 1979, completed the registration of ownership transfer with respect to the instant site by Changwon District Court, Changwon District Court, the South Sea Registry, No. 1230, which was received on August 18, 1979. (2) Defendant B, on June 27, 2006, donated the instant site to his wife E (hereinafter “the deceased”). Changwon District Court, Seoul District Court, the registration of ownership transfer with respect to the deceased’s name was completed as of June 29, 2006, as the receipt of No. 8440 on June 29, 2006.

3. On February 17, 2014, the Deceased donated the instant site to Defendant A, one of his children, and on February 20, 2014, the Changwon District Court completed the registration of ownership transfer under Defendant A’s name as the receipt No. 2093 on February 20, 2014.

B. The expiration of the sales contract for the instant building site

1. The comprehensive forest construction works for stock companies shall be paid 50,000,000 won in cash at the same time as the transfer of land;

2. Of the balance of 85,000,000 won, 55,00,000 won (22 square meters x 22,50,000 won) shall be paid in cash after two months; and

(Provided, however, the security guarantee of Defendant C is agreed upon). 3. At the same time, Defendant B shall exchange cash and written agreement and shall provide necessary documents for the registration of the transfer of the above land (Provided, That the certified copy of the register terminated, the certified copy of the register established), and Hoho Construction Co., Ltd. shall complete the supplementary registration immediately after the registration of land and complete the construction at the early stage.

1) Defendant B, around May 200, sold at KRW 130,000,00 the instant land and 534m2, Namnam-gun, Chungcheongnam-do, Seoul-do, for Hochi General Construction Co., Ltd., for KRW 130,00,00, and agreed on the payment of the purchase amount (hereinafter “instant sales contract”).

(2) As to the instant sales contract with Defendant B on May 200, Defendant C could not pay KRW 25,000,000 in cash to Defendant B after two months from the commencement date of the construction, as to the instant sales contract, the amount of KRW 605,05,00,00, which is owned by Defendant C.

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