logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2018.10.23 2017가단10225
소유권이전등기말소등기절차이행 등
Text

1. Defendant B: (a) on December 4, 2015, the Changwon District Court Development Registry for the Plaintiff with respect to forest land E 1,032 square meters.

Reasons

Facts of recognition

On September 10, 2015, the Plaintiff entered into a new house construction agreement with G Co., Ltd. (hereinafter “G”), irrespective of whether it was before or after the change, to newly construct a house with the amount of KRW 54 million for the construction cost of KRW 28,000,000,000,000,000 in cash and KRW 374,000,000,000,000,000,000 for the construction cost of KRW 1 and 2 forest of this case, respectively.

(hereinafter “The instant construction contract.” Of them, the instant payment agreement was concluded in accord and satisfaction agreement. The Plaintiff transferred KRW 26 million to Defendant B’s account, KRW 20 million September 24, 2015, KRW 20 million, KRW 5 million on October 5, 2015, and KRW 5 million on November 16, 2015.

On December 4, 2015, Defendant B completed the registration of ownership transfer on the ground of sale on November 19, 2015 with respect to the forest land No. 1 in the instant case (hereinafter “instant registration of ownership transfer”) and completed the registration of establishment of a neighboring agricultural cooperative of the obligor C and the mortgagee M&C on the same day.

Defendant C loaned KRW 75 million from Mcheon Agricultural Cooperative on December 4, 2015, and remitted total of KRW 75 million to Defendant B from December 4, 2015 to December 7, 2015.

On April 4, 2016, Defendant B and Defendant C drafted a real estate sales contract with the content of selling the instant forest land in KRW 1.5 million. Defendant C wired each of the instant forest land to Defendant B with KRW 10 million on April 4, 2016 and KRW 10 million on April 6, 2016.

Defendant C completed the registration of transfer of ownership claim on April 29, 2016 with respect to the forest land of this case on April 29, 2016.

(hereinafter referred to as “the provisional registration of this case”). [The grounds for recognition] did not dispute, entry of Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 1, 2, and 3, and the purport of the entire pleadings, and the plaintiff’s assertion as to the claims against defendant B and defendant C, in the center of the plaintiff’s assertion.

arrow