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(영문) 수원지방법원 2017.02.10 2015가합3733
소유권이전등기말소 등
Text

1. The defendant shall be the plaintiff.

A. The Suwon District Court's Suwon District Court's registry office with respect to the area of 3,008 square meters of the forest land in Suwon-si, Suwon-si.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff entered into a sales contract with the Defendant’s spouse, the Plaintiff: (a) selling the amount of KRW 1.56 square meters of D forest land, C forest land, 3,008 square meters of F forest land, and 1,294 square meters of F forest land (hereinafter “D, C, and F”) owned by the Plaintiff for KRW 1.5 billion (However, the buyer’s name was E’s mother G); (b) the down payment of KRW 50 million on the date of the contract; and (c) the remainder of KRW 1.45 billion on the date of the completion of the child care center constructed in the said forest; and (d) the deadline for completion as a special agreement was set on December 15, 2013.

B. However, by December 15, 2013, when E had not started the construction of a child-care center in the above forest and land until December 15, 2013, the Plaintiff and E agreed to cancel the said construction contract on July 30, 2013, and again concluded a new sales contract to sell only the Defendant, a spouse of E, for KRW 900 million in the purchase price. The down payment of KRW 50 million in lieu of the down payment paid at the time of the sale contract as of July 30, 2013, the remainder payment of KRW 850 million in the purchase price was paid within one month after the completion of the child-care center construction in the said land, and the completion period was set up as of August 30, 2014.

C. In the above sales contract, the Plaintiff and the Defendant first acquired the Plaintiff’s ownership transfer from the Plaintiff and obtained a loan as security, and completed the child-care center and paid the Plaintiff the remaining purchase and sale amount. Accordingly, the Plaintiff completed the registration of ownership transfer on April 30, 2014 in the future of the Defendant.

In addition, the defendant paid KRW 80 million to the plaintiff on the same day and KRW 520 million to the new bank, which is the existing collateral security right holder of the new bank, to cancel the registration of the establishment of the establishment of the new bank. On the same day, the defendant borrowed KRW 620 million to the existing collateral security holder of the new bank, and completed the registration of the establishment of the establishment of the existing maximum debt amount of KRW 860 million in the name of the constituent agricultural cooperative as to Section C.

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