logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2014.07.18 2013가합2917
소유권이전등기
Text

1. Of each real estate listed in the separate sheet, the Defendant shall pay 3/10 shares to the Plaintiff A, and 5/10 shares to the Plaintiff C.

Reasons

1. Facts of recognition;

A. On June 5, 2012, the Plaintiff C and D, upon F’s introduction, purchased each real estate listed in the separate sheet on the Defendant’s ownership (the actual owner is G) on the registry (hereinafter “instant real estate”). The down payment of KRW 250 million on the date of the contract, the remainder of KRW 1250 million on the date of the contract, and the remainder of KRW 1.25 billion on the date of September 27, 2012, and the Plaintiff C and D agreed to pay KRW 1 billion on the instant real estate by taking over the secured debt of the right to collateral security established as KRW 1.3 billion on the instant real estate by the Plaintiff C and D’s creditor, the debtor H Co., Ltd (the representative director of the said company), and the maximum debt amount of KRW 1.3 billion.

B. On October 15, 2012, between the Plaintiffs and the Defendant on June 5, 2012, the sales contract and the subject matter of the sale and purchase, and the purchase price as of June 5, 2012 were the same as the previous contract, but a new sales contract with the content of adding the purchaser to the Plaintiff C and D (hereinafter “instant sales contract”).

C. At the time of the instant sales contract, the instant real estate was subject to land transaction permission, and was rescinded from the land transaction permission zone on May 24, 2013.

Meanwhile, among the instant real estate, the Plaintiffs agreed to own 3/10 shares in Plaintiff A, 5/10 shares in Plaintiff C, and 2/10 shares in Plaintiff D, respectively.

[Based on recognition] A without dispute, Gap evidence Nos. 1 (the authenticity of the document is presumed to have been established as a whole because there is no dispute as to the fact that the defendant has affixed his seal), Gap evidence Nos. 2 through 4 (the document shall include the number of pages; hereinafter the same shall apply), Gap evidence Nos. 6, 9, 11, Eul evidence Nos. 3 through 5, Eul evidence Nos. 8, 11, and 14, witness I, and J's testimony, some of witness G testimonys, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of claim, the instant real estate was cancelled in the land transaction permission zone after the instant sales contract was concluded, and thus, the instant sales contract became final and conclusive.

arrow