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(영문) 수원지방법원 2016.11.17 2016가합70242
소유권이전등기
Text

1. As to the Plaintiff A, B, and C of G forest land of 23,428 square meters, the Defendant: (a) as to each of 1/9 shares; and (b) as to Plaintiff D of 905.43/23,428.

Reasons

1. Facts of recognition;

A. On September 22, 2003, Plaintiff A, Plaintiff C, Plaintiff D, Plaintiff E, and H, I, J, and K, etc. (hereinafter “Plaintiff, etc.”) entered into a sales contract with the Defendant for the joint purchase of L/C forests and fields amounting to KRW 2.4 billion in the purchase price (hereinafter “instant sales contract”), and entered into a real estate sale agreement (hereinafter “instant contract”) including the following, and paid the Defendant the down payment amount of KRW 240 million on the same day.

Article 3 (Sale Price of Real Estate) Article 4 (Sale Price of Real Estate) of the 22,810 (Indication of Real Estate), Article 3 (Sale Price of Real Estate) of the 22,810 (Sale Price of Real Estate)

(a) the usual value of the purchased and sold real estate shall be thirty five hundred and fifty thousand won;

B. The total purchase amount shall be KRW 2.4 billion.

(c) Sales proceeds shall include all of the ground objects and obstacles related to the sale and purchase real estate;

On September 22, 2003, the payment method of the divided down payment of KRW 240 million in cash, the remainder of the intermediate payment of KRW 2.16 million in cash of KRW 2.16 million in the bank loan on September 31, 2004, the area of real estate purchased and sold under Article 5 (Sales Payment Method and Time) of Article 6 (Sale Price Payment Method and Time) on May 31, 2004 should be paid when the remainder is paid with the size of the register.

(B)

B. On July 23, 2008, the Defendant filed an application for registration conversion with respect to L/C forest land in Sungsung (hereinafter “instant land”) and changed the parcel number of the said land into G in Sungsi (hereinafter “instant land”). In the process, the land size on the registry increased from 22,810 square meters to 23,428 square meters.

C. When the auction procedure was commenced after the Defendant’s creditors, M, N, andO applied for auction on the instant land to Suwon District Court P, the Plaintiff et al., on behalf of the Defendant, deposited KRW 360 million in future M on August 27, 2010, KRW 240 million in future, N, KRW 692,193,130 in future, September 7, 201, and KRW 90,328,870 in future, in order to prevent the sale of the instant land to a third party by auction. On October 5, 2011, the Plaintiff et al. deposited KRW 480 million in future M on behalf of the Defendant.

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