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(영문) 의정부지방법원 2014.12.23 2013가단23426
소유권이전등기
Text

1. Defendant (Appointed Party) B, Appointers D, E, and F are indicated in the annexed Form No. 1. In the case of Namyang-si, the Plaintiff indicated in the annexed Form No. 1.

Reasons

1. Facts of recognition;

A. On August 18, 2008, the Defendant (Appointed Party), B, E, and F (hereinafter “Defendant B, etc.”) sold H 482,968 square meters of forests and fields (hereinafter “instant forest”) to I for KRW 3.2 billion, and entered into a sales contract to receive KRW 320 million of the down payment by December 8, 2008 and KRW 1.58 billion of the remainder by April 9, 2009.

B. Since then, Defendant B, etc. delegated to I all relevant powers, such as the conclusion of a contract, receipt of the transaction price, registration, etc. in connection with the above H H forest sales contract, to receive the purchase price from I, and made and provided a proxy form (No. 1-3).

C. Accordingly, on August 26, 2009, I, on behalf of Defendant B, etc., sold part 46,208 square meters of “b” to the Plaintiff, which was connected in order to each point of the said H forests, in KRW 629,006,40,000, which is the sum of the down payment and the intermediate payment, to be paid on December 22, 2009 (hereinafter “instant sales contract”). D.

The Plaintiff paid the down payment and intermediate payment by remitting KRW 400 million to the designated party E’s account on August 26, 2009 pursuant to the instant sales contract.

E. Since then, the part purchased by the Plaintiff due to the division and combination of the above H-H 482,968 square meters was located within 140,233 square meters of the above G G forest (hereinafter “the instant land”).

F. However, I failed to comply with the procedures for the division of the subject matter under the instant sales contract and the transfer registration of ownership until the payment date of the remainder, and thereafter, on March 5, 201, the date and time of the transfer registration was changed until April 6, 201, but failed to comply therewith.

Accordingly, on August 6, 2011, Defendant B, etc. delivered to I a letter of delegation stating that all matters regarding the instant land, etc. are to be delegated to I (No. 8-1).

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