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(영문) 대전지방법원논산지원 2014.02.27 2013가단2828
소유권이전등기
Text

1. The Defendant is based on the exchange on March 3, 2013 with respect to the real estate stated in paragraph (1) of the attached list from the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the whole pleadings in the statements in Gap evidence Nos. 1, 2, 3, and 4-1 to 6, 7:

The Plaintiff was delegated with the authority to dispose of real estate listed in attached Table 1 as the representative director of C, and as a stock company.

B. On March 3, 2013, the Plaintiff and the Defendant entered into a contract for exchanging real estate listed in paragraph (1) of the attached Table C owned by C and each real estate listed in the attached Table 2, 3, 4, 5, and 6 owned by the Defendant.

(이하 ‘이 사건 교환계약’이라 한다). 이 사건 교환계약에서 별지 목록 제1항 기재 부동산은 ‘대전시 중구 D B동 102호 ’라고 표시하였고, 별지 목록 제2, 3, 4, 5, 6항 기재 각 부동산은 ‘논산시 F 외 4필지 <9,918㎡> ⇒ 4,414㎡’라고 표기하였다.

2. The parties' assertion

A. The Defendant asserts that the Plaintiff’s claim is simultaneously obligated to take procedures for the registration of ownership transfer for the real estate listed in paragraph (1) of the attached Table from the Plaintiff on March 3, 2013, and to implement the procedures for the registration of ownership transfer for the exchange on March 3, 2013 with respect to each real estate listed in paragraphs 2, 3, 4, 5, and 6 of the attached Table to the Plaintiff.

B. The Defendant’s exclusive use area of the real estate indicated in paragraph (1) of the attached Table No. 1 of the Defendant’s assertion is 83.07 square meters (=28 square meters). Although the market price is 100 million won, the Plaintiff and the Plaintiff’s agent’s real estate indicated in paragraph (1) of the attached Table No. 1 of the Plaintiff’s real estate agent K falsely speaks that the market price is 40 square meters and 240 million won, and its affiliated amount is the Defendant’s conclusion of the instant exchange contract. As such, the instant exchange contract is revoked

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is about the real estate stated in attached Table No. 1 from the plaintiff.

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