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(영문) 전주지방법원 2015.04.29 2014가합2272
가등기말소
Text

1. The plaintiff (Counterclaim defendant) is about 3 to 6 real estate listed in the separate sheet to the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The ownership relationship of each real estate listed in the separate sheet is 1) the Plaintiff (Counterclaim Plaintiff; hereinafter “Plaintiff”).

on September 5, 2002, 3 through 6 real estate listed in the separate sheet (hereinafter “instant land”).

On September 4, 2002, the ownership transfer registration (Cheongju District District Court Audio Registry No. 18497, Sept. 5, 2002) was made with respect to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant B”) on December 27, 2007, each of which was made on September 4, 2002, and on May 21, 2007, the ownership transfer registration (No. 59239, Dec. 27, 2007, 2007, which was made on December 27, 2007, with respect to 2 real estate listed in the separate sheet (hereinafter “instant hotel”). On February 12, 2010, the registration of ownership transfer was made on February 67, 2010.

B. On June 28, 2013, the Plaintiff entered into and revised the first contract with Defendant B, as follows, to exchange the instant land and the instant hotel (No. 1 and No. 1).

hereinafter referred to as “the primary contract of this case”

10 million won was paid by Defendant B on the same day.

1. The plaintiff's real estate: The appraised value of the land in this case: 2.7 billion won, the amount of obligation to succeed: 5.2 million won, the net value: 2.8 million won; and

2. The appraised value of the hotel in this case: 2.7 billion won, the amount of the obligation to succeed: 1.9 billion won, the net value: 80 million won.

3. In the exchange of the above real estate, Defendant B would pay to the Plaintiff the difference in the net value of the exchanged property (the exchange price) as follows:

Exchange proceeds: 1.380 million won: 100 million won shall be paid and received at the time of a contract. The remainder of the Plaintiff’s signature and seal: 1.28 billion won shall be paid on July 28, 2013.

Matters of special agreement

1. The Plaintiff and the Defendant B succeed to their respective obligations and do not pay any balance.

As to this, the plaintiff and the defendant B are mutually different.

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