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Reasons
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(영문) 수원지방법원 2013.11.22 2013가합10263
소유권보존등기말소등기 등
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 2003, the Plaintiff and Defendant B agreed with Nonparty H (Defendant D’s Dong name) as follows: “Agreement on Land and Building Contracts” (hereinafter “instant agreement”); and the main contents of the instant agreement are as follows:

1. Basic Principles, A (Plaintiff) and B (Defendant B) provide land (hereinafter “instant land”) outside of 13 parcels of land (hereinafter “instant land”) from Young-si, Young-si, Young-si, and C (S) transfer the building corresponding to the price of the said land to A and B after completion of construction of the building on the said land.

2. Calculation of transfer value:

(a) The price of land shall be 3.8 billion won, and bank loans (1,67,68,000 won) shall be received by Byung and paid to Gap and Eul only the balance (2,123,332,00 won);

3. Calculation of payments;

(a) Article 2(a) above for sick persons

2,459,332,00 won shall be paid to Gap and Eul in total, including the land price in this subsection and the 336,000,000 won paid for the construction project price.

B. The amount of debt 375,00,000 shall be borne by Byung and Eul, such as the amount of J Asset Management Works, the amount of K debt, and the unpaid L interest.

(c) the amount of bank obligations 35,000,000 won to be borne by Byung, such as MN Bank loans and NN Bank loans, shall be borne by Eul.

(a) Paragraph (b) above.

paragraph (c).

The amount equivalent to KRW 2,419,332,00,00 for which the construction was completed, Byung transferred 2 parcels, such as N and M, to Eul, and for KRW 659,332,00,00, for the difference of which 659,332,00 has been created for another building.

(e) if any difference arises with respect to loans borrowed from a bank, subsequent settlement shall be made;

4. Methods of resolving borrowings.

(a)After this Agreement, Article 3(c) above:

The interest on the loan of port shall be borne by Byung, and the interest on other loans shall be borne by Byung, but A and B shall be borne by Byung for the interest prior to the agreed time.

(b)In respect of any other loan, to change the borrower to a third person designated by Byung or Byung as soon as possible.

5. Completion N.N.

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