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(영문) 창원지방법원 2020.06.25 2019나62342
소유권이전등기
Text

1. Of the judgment of the first instance court, the part against Defendant C in the judgment is modified as follows:

Defendant C, from the Plaintiff, attached Form 1.

Reasons

Facts of recognition

(1) As the representative director of P, Defendant B, as to the instant forest, is an indication of land before dividing the instant forest into each real estate listed in the separate sheet No. 1, and each real estate listed in the E, F forest and field No. 20,800 square meters (F forest and field No. 68628 square meters) and No. 65851 square meters (E forest and field No. 68628 square meters) and No. 1.

The forest of this case (hereinafter referred to as “instant forest”).

2) The business of developing and distributing B/L as a common housing complex (hereinafter “instant business”).

(2) Around October 2010, Defendant C agreed to the effect that “In lieu of the above construction cost, Defendant C shall take over the secured obligation of the right to collateral security established on behalf of the instant forest and transfer the said forest to the land developer at any time on condition that it takes over the secured obligation of the right to collateral security established on behalf of the instant forest and bears capital gains tax.”

(A) around October 2015, D, the husband of the Plaintiff, agreed to jointly carry out the instant project with Defendant B, and thereafter, the instant forest was divided and merged as shown in attached Table 2. (B) Defendant C prepared a sales contract (No. 2-1, hereinafter “instant contract”) that sells the instant forest with the following content, and delivered it to Defendant B.

At the time of issuance, the column of the sale date and the column of the buyer was each blank.

The indication of real estate: E, F, approximately KRW 20,80: KRW 750,000: KRW 750,000; KRW 750,000; however, the sum of the down payment, intermediate payment, and remainder is KRW 775,500,000.

On December 29, 2015, a special contract to pay the down payment of KRW 75,000,000 in an intermediate payment of KRW 300,000,000 at the time of the contract: The buyer shall be aware of the remainder of KRW 400,000 on December 2, 2015: 610,00,000 interest loans from the branch offices in the G Cooperatives.

When a purchaser desires registration of transfer, he/she shall affix his/her seal impression for sale at any time.

Transfer income tax shall be fully responsible for the purchaser.

(A) have legal responsibility. The portion of interest also shall be liable to the buyer.

6 months.

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