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(영문) 광주지방법원 2021.01.13 2020나51715
소유권이전등기
Text

1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.

2. The appeal costs and additional costs in this court.

Reasons

1. Basic facts

A. On April 1, 2014, the Defendant obtained approval of the housing construction project plan, the main contents of which consisting of 555 units of rental apartment units in lightyang-si, E and 50 units of land, namely, 55 units of housing units.

B. On November 17, 2014, the Defendant: (a) transferred the instant rental apartment construction business license (hereinafter “instant business license”) to the Plaintiff; (b) received the Defendant’s prior purchase price of KRW 3.4 billion and KRW 6.1 billion in total; and (c) agreed to transfer to the Plaintiff all the rights, such as ownership of KRW 118 square meters (hereinafter “instant land”) before Gwangju-si D, including the said business entity’s right to permission; and (d) received KRW 1.5 billion in total as a down payment.

(c)

Around that time, the Plaintiff issued a promissory note with a face value of KRW 2.45 billion per face value and a face value of KRW 2.15 billion per face value, respectively, to secure the payment of the remaining amount of the transfer proceeds of the instant business rights, and prepared a promissory note process certificate and issued it to the Defendant.

(d)

The Defendant sold the instant land to F on March 20, 2015, and made a registration of transfer of ownership on March 23, 2015.

E. Upon delay in the payment by the Plaintiff of the transfer proceeds of the instant business title, the Defendant filed a compulsory application for auction against 54 parcels of real estate owned by the Plaintiff with G in this court based on each of the instant promissory notes work certificates, and received a decision to commence compulsory auction on May 11, 2017.

F. Until June 9, 2017, the Plaintiff and the Defendant settled the instant transfer proceeds of business rights and the instant business related expenses that the Defendant paid from the Plaintiff, etc., and then paid to the Defendant, the Plaintiff shall pay the Defendant the remainder of KRW 4.4 billion of the transfer proceeds of the instant business rights in five installments (hereinafter “the instant final settlement statement”).

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