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(영문) 광주지방법원목포지원 2019.07.24 2019가단50053
소유권이전등기
Text

1. Defendant B received KRW 128,400,000 from the Plaintiff at the same time, and at the same time, indicated in attached Tables 1, 2, and 3 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Upon receiving a request from the Plaintiff’s husband E to purchase the land to be used as a warehouse site, D decided to purchase the real estate listed in the attached list Nos. 1, 2, and 3 and the real estate listed in the attached list Nos. 4 of the Defendant C owned by the Defendants.

(hereinafter referred to as “each real estate of this case” and when each real estate is referred to as “each real estate of this case,” the real estate of this case is referred to as “the real estate of this case” according to the [Attachment List].

Accordingly, on April 6, 2018, a sales contract of KRW 242.6 million for each of the instant real estate (a contract deposit of KRW 25 million shall be paid on the date of the contract, the balance of KRW 217.6 million on the date of the contract) and the seller, who was the Defendant B, and the buyer, was entered into a sales contract with the Defendant B and the buyer as a D large-scale one (hereinafter “advance sales contract”), and the wife F paid KRW 25 million as the down payment to the Defendants on the same day, and KRW 100 million as the intermediate payment on April 18, 2018.

C. Since then, E, D, and Defendants decided to change the buyer’s purchase price to the Plaintiff and to KRW 260 million in total.

Accordingly, D and the Defendants were prepared on May 2018, but on April 6, 2018, the date of the sales contract was retroactively prepared.

① As to the instant real estate Nos. 1, 2, and 3, the sales price was KRW 253,400,000 (a contract amounting to KRW 25,000,000 on the date of the contract) and the remainder of KRW 222,8,400,000 on the date of the contract), the seller prepared a sales contract with Defendant B and the buyer as the Plaintiff (hereinafter “instant first sales contract”); ② as to the instant real estate No. 4, the sales price was KRW 6,60,00 (payment of KRW 6.6 million on April 27, 2018), and the seller prepared a sales contract with Defendant C and the buyer as the Plaintiff.

(hereinafter “the 2nd sales contract”) D.

On the other hand, with respect to the real estate Nos. 1, 2, and 3 of this case, the registration of the establishment of a mortgage and the registration of the creation of a superficies on each of the items of paragraph (1) of this case from the date of the first sale contract to the date of the closure of pleadings

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