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(영문) 대전지방법원홍성지원 2016.05.19 2015가합1595
소유권말소등기
Text

1. The defendant shall pay 1/2 shares of each of the real estate listed in the separate sheet Nos. 2 and 3 from the plaintiffs.

Reasons

1. Basic facts

A. On May 5, 2011, the Plaintiffs and the Defendant entered into the instant exchange contract and its implementation 1) and 1,500/1,500 of the portion of the access road of 4,855 square meters and the part of the access road, owned by the Plaintiffs, in Chungcheongnam-nam Budget-gun, Chungcheongnam-do, and owned by the Plaintiffs (i.e., the plan attached to the contract) (i., the ownership of a specific part was divided to transfer the ownership, and thereafter the registration conversion and division was made with the real estate listed in

hereinafter referred to as “Ei land”

(3) each of the real estates listed in [Attachment 2 and 3] of the Schedule owned by the Defendant and the Defendant (hereinafter referred to as “Friland and buildings”).

2) The contract to exchange (hereinafter referred to as “instant exchange contract”)

(2) The Plaintiffs and the Defendant concluded the instant exchange contract, which provides that “The Defendant shall pay the Plaintiffs KRW 135 million out of the secured debt of the right to collateral security established on Fri land and building, 270 million.”

3) Under the instant exchange contract, the Defendant completed the registration of ownership transfer as to each one-half of the Friland and buildings with the Daejeon District Court Taean District Court’s 13607 receipt on July 6, 2011, and the Plaintiffs paid KRW 135 million to the Defendant on July 8, 201, according to the foregoing special agreement among the instant exchange contract, with respect to each of the Eriland 2,446.5 shares (total 4,893 shares) among Eriland (total 5,300 shares) as to each of Eriland (total 5,300 shares) as of July 5, 201.

B. On March 21, 2012, the Defendant and the Plaintiff A drafted a letter of agreement with the following content (hereinafter “instant letter of agreement”).

In the future two years and six months (not later than September 30, 2014) in the event that the soil exploitation works are not implemented on the Ei land, the plaintiff will own the Fri building as its original condition, and the Eri land will be owned by the defendant A.

It shall be deemed that there is no house for one floor of the Friuri Building including two years and six months.

They are individually liable for the expenses that they have entered.

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