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(영문) 전주지방법원 2017.06.02 2014나9338
소유권이전등기
Text

1. Pursuant to the conjunctive claim added at the trial, the Defendant shall pay to the Plaintiff KRW 53,327,820 as well as the Plaintiff on January 21, 2014.

Reasons

1. Facts of recognition;

A. On September 1, 1999, the Plaintiff completed the registration of ownership transfer on each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) based on sale and purchase. On February 22, 2008, the Plaintiff sold each of the instant lands to the Korea Rural Community & Agricultural Corporation in KRW 79,490,000.

B. The Korea Rural Community & Agricultural Corporation, after completing the registration of ownership transfer on each of the instant lands on February 26, 2008, decided to sell each of the instant lands to the Defendant in KRW 79,490,00, and agreed to receive the payment of the purchase-price of KRW 19,865,00 among them on February 26, 2008, and the amount of KRW 59,625,000 and interest thereon shall be repaid over 30 years.

The defendant completed the registration of ownership transfer on March 5, 2008 with respect to each of the instant lands.

C. On March 5, 2008, each of the instant land was registered as joint collateral and the establishment registration was completed near the Defendant, the mortgagee, the Korea Rural Community & Agricultural Corporation, the maximum debt amount of 83,470,000 won. The establishment registration was revoked on January 21, 2014, and again, on January 27, 2014, each of the instant land was registered as joint collateral and the establishment registration was completed over the nearest land amounting to KRW 42,00,000 with the joint collateral amount of KRW 42,00.

On the other hand, as of December 7, 2008, a sales contract (A evidence No. 4-1; hereinafter “the sales contract of this case”) was made with the purport that “14,490,000 won out of the sales price of KRW 79,490,00,000 among the sales price of this case, shall be adjusted to the seller, and KRW 65,000,000 shall be paid to the seller, and the buyer shall be responsible for the buyer and shall be reimbursed for the amount of the establishment of the Korea Rural Community & Agricultural Corporation.”

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 4-1, 5, and 6-1, 5, and 6, the purport of the whole pleadings

2. Determination as to the allegation that the judgment procedure of the first instance is unlawful

A. The plaintiff's gist of the plaintiff's assertion is the second instance court of the first instance.

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