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(영문) 인천지방법원부천지원 2015.09.08 2015가단6625
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On November 30, 199, the Defendant sold real estate listed in the separate sheet No. 1 (hereinafter “instant land”) to B, and to newly build a multi-household house on the said land, B agreed to determine the purchase price of the instant land as KRW 3.5 million. The method of payment of the purchase price shall be KRW 100 million, which is equivalent to the maximum debt amount of the mortgage, which is equivalent to KRW 140 million in the name of the calculated co-owners of the instant land. The remainder of the purchase price shall be paid as the sale price after the completion of construction of multi-household house newly constructed on the instant land by B, and the owner of the said multi-household house shall file an application under the name of the Defendant and C for the payment of the said purchase price.

B on June 29, 2000, on a comprehensive basis, transferred to D the status of the building owner, contractor, and land purchaser related to the new construction of the above multi-household house.

Accordingly, the Defendant, at the request of B, newly concluded a sales contract for the instant land between D and D on the same day, set the sales price of KRW 3.5 million and agreed that D shall take over the collateral obligation of KRW 100 million on the instant land, instead of paying the down payment of KRW 30 million and the intermediate payment of KRW 70 million, and the remainder of KRW 2.5 million shall be paid as the loans or sales price secured by the said multi-household, and the remainder of KRW 80 million shall be paid as the loans or sales price secured by the said multi-household, and the remainder of KRW 125 million shall be paid as the loan after completion of the completion inspection, and the payment shall be made by January 20, 201, and the Defendant agreed to issue the owner’s name change or the documents necessary for the transfer of ownership to the owner designated by D.

D on September 1, 200, comprehensively transferred the position of the owner of the instant multi-household house to E, and E agreed to succeed to the contents of the sales contract for the instant land concluded between the previous Defendant and D, and the Defendant also consented thereto.

E is against the Defendant.

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