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(영문) 전주지방법원 2014.07.02 2013가합7775
제3자이의
Text

1. The plaintiff (Counterclaim defendant)'s primary claim shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s preliminary claim for the principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On July 1989, the Kimpo-Gun Office announced approximately KRW 670,00 as the E Hot Spring District in Kimpo-si, Kimpo-si, Kimpo-si. On May 6, 1991, C entered into a contract for purchasing KRW 300,000,00 for the actual waterway site after deducting the cost of 250,000,000 from the price of the road, common parking lot, and other reduction rate from F, an association head of the E Hot Spring Development and Rearrangement Association, which is the head of the E Hot Spring Development and Rearrangement Association. On May 6, 191, C made it possible for the purchaser or the person designated by the purchaser to register the transfer of ownership.

At the time, because the E Hot Spring District was not subdivided, C and F did not specify the land subject to sale, C and C paid F the sum of KRW 20 million as the down payment on the date of the contract, the intermediate payment on June 6, 191, and KRW 130 million as the remainder on July 6, 1991, and KRW 150 million as the remainder on July 6, 1991.

B. C agreed on October 31, 1991 that each 75 square meters of the 300 square meters of the inn land to be transferred from G, H, I, and F was divided.

C. On May 9, 192, C and F made a sales contract to change the buyer of the instant leisure site into three others and three others, retroactively as of May 6, 1991, and F made a letter of delegation to transfer 300 square meters of the leisure site to C, G, H, and I on September 9, 200, after water was set up at the hot spring development cooperative site, the letter of delegation to transfer 300 square meters of the leisure site to C, H, and I.

As C, G, H, and I delayed land rearrangement work and demanded C, H, and I to cancel the sales contract of the instant village site, F first of all, on October 23, 2000, with respect to the share of 1,016.5/2,231 square meters (hereinafter “J land”) out of 2,231 square meters in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Incheon District Court No. 42623, Oct. 23, 200, and with respect to the land of 198 square meters in K (hereinafter “K land”).

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