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(영문) 수원지방법원 2018.12.06 2018나69684
소유권이전등기
Text

1. A claim for the cancellation or invalidity of an agreement on the transfer of equity, among the plaintiff's claims that have been changed in exchange at the trial.

Reasons

1. (1) On February 21, 2014, the Plaintiff, the Defendant, and Nonparty D, owned on the basis of the claim: (a) 500 square meters and 1,653 square meters and 500 square meters, owned by Nonparty E and F (hereinafter “E, etc”).

H. The land of this case is referred to as “instant land”

(2) Of the sales proceeds, 350 square meters (the sum of KRW 200 million shall be procured by the Defendant, and the remainder of KRW 500 million shall be procured by the loan), the loan interest rate of KRW 500 million shall be borne by the Plaintiff and D in preference to others, and the settlement shall be made by selling 150 square meters among the above 350 square meters, and the proceeds from selling 350 square meters of the above land in the future (the proceeds from the sale shall be borne by the Defendant at the time of the purchase of the above land, after deducting all the expenses, such as the down payment, interest on the above loan, interest on the creation of a collateral security, various public charges, brokerage fees, etc. required in the course of the loan, and the amount of the proceeds from selling 350 square meters of the above land, shall be divided at the ratio of Plaintiff 20, Defendant 60%, and D20% (hereinafter “investment agreement”).

(2) Upon obtaining the consent of the Plaintiff and D, the Defendant concluded a contract to purchase all of the instant land from E, etc. on March 18, 2014 (170 million won in the contract, 100 million won in the first intermediate payment, March 25, 2014; 100 million won in the second intermediate payment, March 28, 2014; and 830 million won in the remainder, March 28, 2014; and 200 million won in the remainder, to purchase the entire land from E, etc. on the date of the contract (170 million won in the contract by modifying part of the instant land).

(3) The Defendant paid the remainder of KRW 800,000,000,000 to KRW 200,000,000,000. The Defendant paid the remainder of KRW 1 and 200,000,000,000,000.

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