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(영문) 서울동부지방법원 2015.06.19 2014가합102416
매매대금반환
Text

1. On November 201, 201, the Defendant: (a) from the Plaintiff, with respect to the 63,437 square meters of C forest land in Innju-si, the equipment, such as the leisure field support by the Suwon District Court.

Reasons

A. As the instant land was divided by exchanging a road (area 3,780 square meters) on the land use consent and drawing(area 3,780 square meters) of the instant adjacent land, which is explained under D attached thereto, with the effect of this contract. As such, the land category will be designated as a road after completion of civil engineering works.

B. In addition, with respect to D forest 9,174 square meters (hereinafter “the adjoining land of this case”) located on October 12, 201, the three pages of the evidence No. 1-3 (hereinafter “written consent to the use of this case”) were attached to the instant sales contract, which was written on October 12, 2011.

The land intended to use a written consent for the use of the land (road): The period of use for the access road to the land in this case among the neighboring land: The period of use for the access road to the land in this case: The sale and purchase of the adjoining land in this case shall be until the transfer of ownership to a third party, and the purchaser at the time of the transfer of ownership shall obtain the consent for the use of the land under the same conditions: The consent for the use shall take effect after the land user entered into a purchase contract for the land in this case and the consent for the use of the land in this case shall be null and void.

Land user: plaintiff et al. and two other land users * land user et al. are subsequently designated by the plaintiff.

Consenter: Defendant

C. On November 15, 201, the Plaintiff received a loan of KRW 1.5 billion (hereinafter “instant loan”) from Agyg Agricultural Cooperatives (hereinafter “Agygyg Agricultural Cooperatives”) as collateral, and paid the Defendant the full amount of KRW 1.0 billion for the instant land on November 15, 201. The title of the said loan as security for the said loan was received on November 14, 201 from Suwon District Court No. 39482, Nov. 14, 201, regarding the instant land, the maximum debt amount of KRW 1.95 million, the debtor, the debtor, the mortgagee, and the mortgagee of the said land (hereinafter “the registration of establishment of mortgage”).

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