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(영문) 창원지방법원통영지원 2016.09.08 2015가합11461
소유권이전등기
Text

1. Defendant (Counterclaim Plaintiff) B: (a) on September 1, 2010, each real estate indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On September 1, 2010, the Plaintiff and Defendant B divided the sales contract between the Plaintiff and the Defendant B into the real estate indicated in paragraph (1) of the attached Table No. 1 on June 4, 2015 and the land above D on September 4, 2015. On June 10, 2015, the JJ was converted into the registration conversion into the registration conversion into the Republic of Korea, 4,990 square meters on June 10, 2015. On June 10, 2015, K was divided into the real estate listed in the attached Table No. 2 through 9;

E and F’s land was divided into 762 square meters in F. F., and L. 2,423 square meters and 198 square meters in M. on September 1, 2014, and on June 4, 2015, the land category F. on June 4, 2015 was changed to a building site. On August 10, 2015, the land classification was divided into the real estate indicated in the attached Table No. 10 of the attached Table No. 10, N. 73 square meters in M., O. 202 square meters and 134 square meters in P.

G means the real property listed in Section 11 of Annex G:

H Real estate listed in Schedule 12:

I The land was changed to "road" on June 4, 2015, and the land category was changed to "road" and real estate stated in attached Table 13 was real estate.

The sales contract was concluded by setting the sales amount of KRW 2.8 billion (hereinafter “instant sales contract”).

The term "each real estate of this case" is referred to as "each real estate of this case" listed in the separate sheet, which is part of the object of the sales contract of this case.

On August 31, 2010, the Plaintiff paid the down payment of KRW 200 million, and the intermediate payment was paid at any time, and the remainder KRW 2.6 billion was paid by September 11, 201.

On the other hand, when the payment of intermediate payment was delayed on February 25, 201, Defendant B borrowed part of each of the instant real estate as collateral and appropriated it for the repayment of intermediate payment. On May 201, 201, when the Plaintiff was unable to implement the business due to lack of the cost of developing each of the instant real estate, Defendant B obtained a loan of KRW 250 million as collateral and used it as development costs, and thereafter thereafter, the Plaintiff and the Defendant agreed to increase the purchase price as KRW 2.9 billion.

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