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(영문) 광주지방법원순천지원 2015.04.15 2013가합12137
소유권이전등기말소 등
Text

1. Defendant C: (a) Defendant C: (b) the Plaintiff’s Network A’s attorney-at-law;

(a) As to the real estate listed in [Attachment 1 and 2].

Reasons

1. Basic facts

A. On April 16, 1945, A is the Republic of Korea, Japan, and Defendant D is the Plaintiff’s external aircraft, and the Defendants are the married couple. 2) On February 26, 2014, A died and took over the instant lawsuit by the wife B.

B. Defendant D’s keeping of the instant land compensation 1) held real estate at a large time with a higher maturity. However, as the said real estate was expropriated by the State, EXE ex officio received land claim amounting to KRW 214,00,000 at a face value as compensation on November 5, 2009. (2) A, while keeping the said land claim in the account in his/her own name, requested Defendant D to withdraw and keep the maturity repayment amount and proceed in accordance with his/her direction while he/she kept the said land claim in the account in his/her own name.

3) On November 30, 2012, Defendant D used documents sent by A, such as power of attorney, etc., and deposited into the account of Korea Investment Securities (hereinafter “instant land compensation”) KRW 237,798,927 of the maturity refund deposited in the account of Korea Investment Securities (hereinafter “instant land compensation”).

(4) On August 23, 2013, Defendant D transferred the entire amount to its SC Bank account. Defendant D explained the details of the execution of the funds during the period to A in the presence of the Plaintiff, A’s former wife E, and F and G couple, who are residing in Japan, with their own shares, at the A’s house located in Japan on August 23, 2013, and entered as follows at the bottom of the Korean Investment Securities Account Statement:

We confirm the balance by August 23, 2013 of the UN 9 million UN 115,000,000 won in Korea.

At the time of confirmation B, E, F, and G, the Plaintiff (B) and F, and G were signed respectively under the above name named by Defendant D.

C. The sales contract and agreement 1) A with respect to the instant real estate is completed. In addition to the real estate expropriated as a dry X-ray site, A shall also provide each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the vicinity of a dry-si city, and “where specific needs arise, according to the sequences.”

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