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(영문) 수원지방법원 2017.02.09 2016가합72934
소유권이전등기 등 청구의 소
Text

1. Part of the Plaintiff’s claim for cancellation of the registration of establishment of a mortgage among the lawsuits against Defendant B, and Defendant C, Inc.

Reasons

1. Basic facts

A. On May 28, 2014, the Plaintiff, I, and seven others (hereinafter “Plaintiffs, etc.”) concluded a land trade agreement with the following contents (hereinafter “instant agreement”) on the following grounds: (a) Defendant clans and the Plaintiff, etc. agreed to purchase from Defendant clans for KRW 39,958 square meters of Jin-gu, Young-gu (hereinafter “instant land before the instant subdivision”) for KRW 13.9 billion after the following purchase from Defendant clans and the Plaintiff, etc.; (b) the Plaintiff, etc. agreed to purchase the land before the instant subdivision:

1) The agreed amount shall be KRW 150 million. 2) After the arrangement, it shall be reviewed after the receipt of authorization and permission from the person designated by the defendant clan or the defendant clan.

3) The expenses for receipt for authorization and permission shall be paid by the Plaintiff, etc. within one month upon completion of paragraph (4)(2). The purchaser of the contract shall waive the agreed amount. (b) On the same day, K paid KRW 150 million to the Defendant clan on the same day. (c) on June 5, 2014, K submitted to the Defendant clan a written wish to purchase the total of KRW 40,618 square meters of the land before the instant division and the land at issue and the land at issue in Yong-si, Young-gu, Young-gu, In order to purchase KRW 12.5 billion of the land before the instant division, K submitted a written wish to purchase the land at KRW 40,618 square meters of the land before the instant division, and the written wish to purchase the land shall contain the following contents: (1) After the agreement was received and reviewed, the agreed amount shall be agreed

3) waive the agreed amount at the time of breach of the contract.

4) After an agreement between the buyer and the seller, the buyer shall not bear the costs of the authorization and permission and shall not claim against the seller. 5) The buyer may receive and examine the authorization and permission in the future.

On August 13, 2014, the representative of the Plaintiff proposed that the Defendant clan would pay the down payment of the land before the instant division to the Defendant clan until August 11, 2014, and the Defendant clan sent to the Plaintiff, on August 13, 2014, a certificate of content that the Defendant clan would conclude the contract until the end of August 2014.

E. Defendant clan: (a) on August 22, 2014, Defendant C and one other, Defendant C, and the other party on August 22, 2014, KRW 600 square meters of the land before the instant division and KRW 30 billion of the land and the building on the land of Yong-si, Young-gu; and (b) KRW

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