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(영문) 수원지방법원 2014.10.16 2013가단46937
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2012, the Plaintiff’s claim against Suwon District Court rendered a judgment that “C shall pay to the Plaintiff 24% per annum for KRW 20 million and KRW 200 million per annum for KRW 30 million from August 12, 2008 to the date of full payment, and KRW 30 million per annum for KRW 20% per annum from February 23, 2012 to the date of full payment,” and the above judgment became final and conclusive around that time.

B. On April 8, 2005, the conclusion and rescission of a sales contract between C and the Defendant (1) and D entered into a sales contract with C on April 8, 2005 with the term “three locations” as the subject matter of sale, and with the term “540 million won (hereinafter “instant sales contract”).

(2) On April 15, 2005, C paid the amount of KRW 450 million out of the purchase price (a contract deposit of KRW 50 million shall be paid on April 15, 2005, and on June 30, 2005, the Defendant established the right to collateral security under the name of the National Federation of Fisheries Cooperatives with the Defendant as the debtor, as the intermediate payment, and C decided to take over the above loan, and paid KRW 200 million out of the balance).

(2) On the other hand, D was the owner of E’s co-ownership, and on September 9, 2005, the real estate indicated in the separate sheet (hereinafter “instant real estate”) was divided into the real estate of this case among F forest land of 353 square meters.

(3) Around 2007, the Defendant and C agreed to cancel the instant sales contract, and the Defendant drafted a written agreement to return the sales price to C as follows (hereinafter “instant agreement”).

(W) On May 1, 2007, the agreement was drawn up between G, the husband of the defendant who represented the defendant, and on December 20, 2007: KRW 100 million; KRW 150 million; KRW 150 million; and on July 1, 2008: KRW 200 million; KRW 200 million borrowed the object of the contract of this case as the security of fisheries cooperatives; and KRW 200 million from the bank (Provided, That interest and public charges shall be borne by C).

C. A provisional disposition and cancellation (1) C are based on the sales contract of this case on August 21, 2007.

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