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(영문) 인천지방법원 2015.04.22 2014가합51417
구상금
Text

1. Defendant C shall pay 50,000,000 won to the Plaintiff and 20% per annum from January 14, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On May 28, 2002, Defendant C completed the registration of ownership transfer on the ground of inheritance by agreement division with respect to the land of 1,250 square meters (hereinafter “land before subdivision”) prior to Incheon Reinforcement-gun, and part of the land before subdivision was divided into 625 square meters prior to E on March 24, 2004.

(B) After the partition of the two divided land (hereinafter referred to as “each of the instant land”), the said divided land was re-divided into 245 square meters and 380 square meters prior to D on March 30, 2006. Of these, the land classification was changed to 245 square meters prior to D on October 12, 2006.

B. Around August 2, 2003, the Plaintiff entered into an agreement with Defendant C to purchase the land before subdivision in KRW 100 million, and around that time, paid the full purchase price to Defendant C.

C. On September 24, 2003, Defendant B entered into a sales contract with the Plaintiff claiming that Defendant C is the agent of Defendant C, setting the purchase price of the land before subdivision as KRW 15 million, and setting the down payment as KRW 9 million, and concluded the sales contract to pay the remainder KRW 96 million to the Plaintiff on September 25, 2003, and paid the total purchase price to the Plaintiff.

However, the land before division is farmland, which cannot be immediately completed the registration of ownership transfer due to the relationship with the qualification certificate for acquisition of farmland, and the registration of ownership transfer was completed on September 26, 2003 with respect to the land before division, the registration of ownership transfer was completed on September 26, 2003 with the maximum debt amount of KRW 130 million, the debtor C, and the defendant B

On January 23, 2006, the Plaintiff entered into a sales contract with the net F (hereinafter “the instant sales contract”) on behalf of the Defendant C to sell each of the instant land at KRW 170,100,000 on behalf of the Plaintiff, and received full payment from the Deceased for the purchase price. The Plaintiff was the actual owner who purchased the instant land from Defendant C, who is the titleholder of the registration of each of the instant land, and the right to collateral security under the name of Defendant B, who is responsible for the cancellation thereof.

Afterward, on March 27, 2006, the Deceased on each of the instant lands.

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