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(영문) 대구지방법원 안동지원 2018.02.22 2017가합145
소유권말소등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C’s land purchase process 1) Gyeongbuk-do Development Corporation (hereinafter “Development Corporation”).

A) On November 11, 2015, the sale announcement of part of the commercial land in Ansan-si, Macheon-gun, Macheon-gun, F.F. 4,727 km-si (hereinafter “instant land sale announcement”) is the sale announcement of part of the commercial land in G (hereinafter “instant land sale announcement”).

(2) On January 8, 2016, Defendant C entered into a contract for the purchase of land (hereinafter “instant land supply contract”) of KRW 1-2 general commercial 1,724 square meters out of the said commercial land (hereinafter “the instant land supply contract”) with the aim of promoting a new construction project, stating that “The title change is in principle impossible if it is sold below the initial contract amount pursuant to Article 19-2 of the Housing Site Development Promotion Act and Article 13-3 subparag. 9 of the Enforcement Decree of the same Act.”

3) Defendant C paid the Development Corporation a down payment of KRW 725 million on the date of the instant land supply contract. On April 8, 2016, Defendant C entered into a new business license agreement (hereinafter “instant transfer agreement”) with the Plaintiff on August 16, 2016, with a loan of KRW 7250 million and KRW 1.450 million, respectively. Defendant C borrowed a loan of KRW 2.175 million on July 8, 2016, and paid the second intermediate payment. (B) Defendant C’s business license transfer process 1) on August 16, 2016, with a new business license agreement (hereinafter “instant transfer agreement”). The main contents are as follows.

§ 4.

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