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(영문) 수원지방법원 2019.02.14 2018가단524470
소유권이전등기
Text

1. As to the Plaintiff’s share of 3.65723/15 of the amount of 2,752 square meters in Young-gu, Young-gu D. D. 2,752:

A. Defendant B.

Reasons

1. Basic facts

A. On February 29, 200, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant B, with regard to the share of the Defendant B (1/3 share of 1658.2/3, and approximately 167 shares), among the shares owned by the Plaintiff (hereinafter “instant land”) of the amount of KRW 3,210 square meters (hereinafter “all taxes are liable to the Plaintiff”). The instant sales contract states that “the Plaintiff shall be liable to the Plaintiff for all taxes”.

B. At the time of the instant sales contract, the Plaintiff and Defendant B agreed to pay KRW 50 million for Defendant B’s debt to Defendant B, KRW 20 million for F’s debt, KRW 15 million for G, in lieu of the payment of the down payment of KRW 85 million. The Plaintiff paid the intermediate payment of KRW 40 million to Defendant B on February 29, 200, and the remainder KRW 75 million for an apartment share transfer.

C. Around 2004 and 2008, Defendant B transferred his share in the instant land to the Plaintiff’s designated person (H, I, J, K, K, L, M, and N seven) as desired by the Plaintiff among his share in the instant land. At present, Defendant B’s share became 3.65723/15.

On September 24, 2008, the Plaintiff paid KRW 180 million to Defendant B.

E. Meanwhile, Defendant B completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to the entire share of the instant land against Defendant C, one’s own wife, as the Suwon District Court, Youngwon, Port Office, on April 11, 2001, the maximum debt amount of KRW 110 million, which was received on April 11, 2001.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The following circumstances acknowledged by the evidence revealed prior to the determination of the grounds for the claim, i.e., the Plaintiff, on September 24, 2008, against Defendant B 18.

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