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(영문) 울산지방법원 2016.05.31 2015가단31314
소유권이전등기
Text

1. On September 23, 2015, the Defendant’s purchase and sale of real estate indicated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On July 20, 2015, the Defendant is deemed to have completed the auction procedure of the instant land A (hereinafter “instant land”) on July 20, 2015.

(2) On August 4, 2015, the Plaintiff purchased the above land and acquired its ownership in a voluntary auction procedure on the instant land. (3) On August 4, 2015, the Plaintiff purchased the above building and acquired its ownership in a voluntary auction procedure on the ten-story apartment building on the instant land.

B. On September 23, 2015, the Plaintiff filed a lawsuit against the Plaintiff, etc. who purchased the instant building on the instant land with Daejeon District Court Decision 2015Da338383, and the Defendant filed a claim for return of unjust enrichment and removal of the instant building. (2) On September 23, 2015, the Plaintiff purchased from the Defendant the share of KRW 581/1046900 of the instant land (hereinafter “instant share of land”) at KRW 95 million and agreed with the other owners of the instant collective housing on the instant land as follows.

(2) The Plaintiff shall pay the Defendant the land use fee of KRW 500,000 per month from September 23, 2015.

The defendant shall withdraw a lawsuit.

If the plaintiff completely pays the remaining land, the defendant shall prepare and deliver all the documents necessary for the plaintiff to the plaintiff immediately before the registration, and the transfer of registration shall be the responsibility and expense of the plaintiff.

3) B, as a representative of ten households on the instant land, prepared and issued a written confirmation to the Defendant that “The Defendant shall pay KRW 150 million with the agreed amount. If the taxes and public charges are imposed, the obligation shall be borne by the owners of ten households.” 4) The Plaintiff paid to the Defendant KRW 10 million in total, the amount of KRW 40 million on September 23, 2015, KRW 400,000,000 on October 12, 2015, KRW 51 million on December 17, 2015, and KRW 150 million on November 17, 2015.

5) On October 5, 2015, the Defendant withdrawn the lawsuit against the Plaintiff for removal of the building and the claim for return of unjust enrichment. (The fact that there is no dispute over the grounds for recognition, and that there is no dispute over the lawsuit

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