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(영문) 의정부지방법원 2015.09.08 2015가단11120
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On May 16, 2002, the Defendant was awarded a successful bid of KRW 350 million for each real estate listed in the separate sheet (hereinafter “the entire real estate of this case”), including the amount of KRW 300 million loaned from the Industrial Bank of Korea and the amount of the Defendant’s own money, for each real estate listed in the separate sheet (hereinafter “the entire real estate of this case”), KRW 1 through 3 real estate of this case, including the real estate of this case, and KRW 4 real estate of this case, KRW 350 million for each real estate of this case, and KRW 50 million for each real estate of this case on May 17, 2002. C completed the registration of transfer of ownership in the name of the Defendant and the registration of application for compulsory auction (the decision to commence compulsory auction as of May 16, 2002 by the Government branch of the Seoul District Court).

(2) On the other hand, on May 17, 2002, the Industrial Bank of Korea completed the registration of the establishment of a neighboring mortgage against the debtor as to the real estate 1, 2, 3, 5, 6, and 7 as indicated in the separate sheet, in order to secure the defendant's claim for a loan of KRW 300 million against the defendant.

B. On September 2, 2002, the Defendant entered into an agreement on September 2, 2002 and the sales and purchase (1) of the farmland of this case with E, the representative director of the Plaintiff Company, on September 2, 2002, entered into an agreement with E as follows (hereinafter “instant agreement”).

(1) The defendant shall delegate E with the right to sell, develop, and sell the entire real estate of this case.

(1) Paragraph (1). (2) The defendant trade the farmland of this case at KRW 200,00 per square meter, and with regard to all or part of the G of Gyeonggi-gun, G of Gyeonggi-do (hereinafter “the adjoining land of this case”), which is adjacent to the above, the defendant receives the consent of use necessary for the establishment of the access road to the farmland of this case, and then the expenses of the consent of use and the price of the land to be

(3) If the above paragraph is established, the defendant will be entrusted with the right of development and sale to E, and E shall be entrusted with the right of development and sale.

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