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(영문) 대전지방법원 2020.02.11 2018나108139
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On April 10, 2017, in order to complete a dispute between D (the husband of the Plaintiff) and B on behalf of the buyer, including the Plaintiff, regarding the sale, purchase, etc. of the forest land and the building site on the land, including the forest land stated in the purport of the claim (hereinafter referred to as “instant forest land”), a written agreement on April 10, 201 (Evidence A 3; hereinafter referred to as “instant agreement”) was prepared.

The main issues of the specific contents are as follows.

The seller shall cooperate with the buyer so that the ownership of the forest of this case is transferred and the debtor of the right to collateral security established on the forest of this case is changed.

A seller shall cooperate in the provision of documents related to building permission at the request of a buyer.

The purchaser shall be responsible for and implement the liability, such as taxes and public charges related to construction on the ground, such as the forest of this case, and construction costs.

In order to obtain or secure a letter of withdrawal of lawsuit or a letter of waiver of claim in the Daejeon District Court 2016Gahap1346, which was instituted by F with the repayment of the obligation to F to the former owner of the forest land of this case, the buyer set up a collateral of KRW 80 million with the maximum debt amount in the name of the seller in the forest land of this case.

The buyer confirms that the bank borne by the seller is KRW 225 million, and the buyer pays KRW 66 million at the time of the agreement to repay it, KRW 75 million on April 21, 2017, KRW 79.5 million on June 30, 2017, and KRW 225 million on June 30, 2017.

When the contract of this case is terminated due to a cause attributable to the buyer, the buyer shall restore the ownership of the forest of this case.

On the other hand, on the same day as the date of the preparation of the instant agreement, the Defendant’s certificate of personal seal impression (Evidence 6 pages) indicating that “a certificate for sale issued by the Defendant may be used even if the content of the instant agreement is not fulfilled without the Defendant’s consent” (Evidence 6 pages 1), the seller’s “Defendant,” the buyer’s “Plaintiff,” and the Defendant’s certificate of personal seal impression (Evidence 6 pages 3 pages) indicated as the buyer.

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