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(영문) 청주지방법원 2019.05.29 2016나11623
가등기에 기한 소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. 1) Nonparty F entered into a sales contract for the instant real estate (hereinafter “instant real estate”) on January 201, 201, Nonparty F is D 58,01 square meters (hereinafter “instant real estate”).

2) A large-scale real estate development project (hereinafter referred to as “instant project”) with the content of developing one unit of housing as a site for electric power supply.

(2) On November 21, 201, a contract between E and E to purchase 49,587 square meters of the instant real estate at KRW 4.2 billion (the contractual amount of KRW 420 million, the balance of KRW 3.78 billion), among the instant real estate (hereinafter “the instant primary sales contract”).

(2) On September 7, 2012, F entered into a sales contract with E, stating “F, Plaintiffs, and Defendant and one other.” The F’s seal is affixed only to F’s name, and F’s seal is not affixed to F’s name. F received KRW 200 million from the Defendant, Plaintiff B, and Defendant B, and paid the down payment to E; and F paid part of the remainder due to loans, etc. received as security on the instant land. 2) On September 7, 2012, F entered into a sales contract with the seller as a result of deducting in advance taxes to be imposed in the future on the instant real estate, by changing F’s name to “F, Plaintiff B, and Defendant et al.”

(hereinafter “The second sale contract of this case.” The contents of the said contract stipulate that “the preceding contract shall be reversed and the original contract shall be entered into.”

B. On January 23, 2013, the progress of the instant project and January 23, 2013, upon which permission for development activities on the collection of real estate in the instant case was issued from the Chungcheong City, and from November 201 to January 2014, F entered into a permission for development activities on the construction of detached houses in the instant real estate from H, L, M, and Ilwon. (2) The said permission, upon entering into a construction contract with the YA and entered into a construction contract with the YA and the housing site preparation work.

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