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(영문) 수원지방법원여주지원 2017.06.28 2016가단51134
소유권이전등기
Text

1. Defendant B-friendly association receives KRW 1,382,80,000 from the Plaintiff, and simultaneously receives KRW 1,382,80,000 from the Plaintiff.

Reasons

1. Basic facts

A. On June 16, 2015, the Plaintiff entered into a contract with Defendant B clan (hereinafter “Defendant clan”) to purchase KRW 8,532,800,000 for KRW 1,532,80,000 per square year, and the down payment of KRW 150 million for the remainder on the date of entering into the contract, KRW 1,382,80,000,000 for the remainder, and KRW 1,50,000 for the remainder, KRW 1,382,80,000 on December 20, 2015.

(hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant clan a down payment of KRW 15 million as down payment.

B. 1) On February 8, 2015, the Defendant clan decided to purchase the building at the ordinary meeting of shareholders and to sell the real estate owned by the Defendant clans, including the instant land, to operate the Defendant clan, and to delegate the right to dispose of the land to be sold to the board of directors. 2) The executives of the Defendant clan resolved to appoint the operating members of the real estate at the board of directors on March 31, 2015, and to implement the following “Guidelines for Sale of Land during the clans”:

1. Seven members of the real estate operation committee shall proceed with the business of selling the land of the clan;

2. Upon the appearance of a purchaser, the operating committee members shall consult with the parties to the affairs concerning the validity, adequacy, rationality, etc. of the estimated price of land to be traded, prepare an estimated price report on the sale of a clan land to two auditors, and report the estimated price report to the two auditors, such as fax, etc., and shall proceed with the sale of the land concerned, if the member passes at the meeting

3. To the maximum extent possible, taking into account the position of members of a clan in selecting and determining the selling price of the clan land;

(F) In selling the same condition or the same price, the final price shall be the first price. The estimated sale price shall be the officially announced price of the goods sold and the actual transaction price of neighboring real estate.

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