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(영문) 수원지방법원여주지원 2016.01.12 2014가단32917
근저당권설정등기말소 등
Text

1. After receiving KRW 33,960,00 from the Plaintiff, Defendant C shall be paid KRW 33,960,000 to the Plaintiff, and the Plaintiff shall be paid KRW 352 square meters prior to Gyeonggi-gun E.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established six units of land, including 53 units of electric power resource housing, and newly built six units of land by around 1998. After that, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) acquired business rights from F Co., Ltd. and continued the sales business.

B. On September 19, 2002, Plaintiff B purchased the building cost of KRW 82.11 and KRW 166.52,00,000,000,000 in total, and the land price of KRW 3.52,000,000 in average, before the division included in the said project site from J by the representative director of the I, Inc., Ltd., as of September 19, 2002. The Defendant Company, who acquired business rights from F, succeeded to the status of the seller.

C. On September 18, 2003, the Plaintiff Company: (a) purchased a building price of KRW 1220 million; and (b) land price of KRW 350,00,000 from the Defendant Company for a building with KRW 172.27 square meters (52.1 square meters); and (c) a building price of KRW 561.66 square meters (16.9 square meters) on the land located in the instant project site prior to subdivision; and (d) agreed to pay the building price by the end of 2004.

Plaintiff

B paid 80 million won by December 13, 2004, and completed registration of preservation of ownership on the second floor M on December 13, 2004, but did not pay the land price.

E. By April 30, 2005, Plaintiff A paid 120 million won of the building price to the Defendant Company, and Plaintiff A completed the ground building purchased by Plaintiff A, but did not complete registration as two houses per household.

On the other hand, on March 30, 2004, Plaintiff A completed the registration of ownership transfer on the ground of sale on March 30, 2004 with respect to the portion of 352/3576 square meters out of E, the above building site, E, the land of June 8, 2006.

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