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(영문) 의정부지방법원 2014.11.27 2013가합4613
가등기말소등
Text

1. As to the real estate listed in [Attachment 1] 2 and 6 among the principal lawsuit against Defendant D by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On September 7, 2010, the Plaintiff concluded the instant sales contract with Defendant C and paid the down payment amount of KRW 400 million as follows.

[This case’s sales contract] The sales price of the instant land, which is the subject matter of sale, is KRW 16,344 square meters in total, KRW 8,333 square meters in Seocheon-si. ② 2,282 square meters in total, KRW 5729 square meters in Seocheon-si: KRW 2.76 billion in total (the remainder of KRW 400 million in contract amount and KRW 2.360 million in total) and KRW 60 million in general (the remainder of KRW 400 million in contract amount) and the seller or purchaser may cancel the contract by giving written notice to the person who failed to perform the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

1) The loan shall be paid at the same time as the balance. 2) The balance of the loan shall be paid to the land subject to sale within 10 days after the approval for the establishment of a factory after the public notice of the road is

3) Documents will be prepared to make a provisional registration (defensor) after the contract. 4) Of down to 400 million down payment, KRW 50 million shall be paid on September 7, 2010, and the remainder KRW 350 million shall be paid on September 8, 2010.

B. On September 8, 2010, Defendant C filed a registration of the right to claim ownership transfer stated in the purport of the principal lawsuit with respect to the instant land, and on November 1, 2012, Defendant C made a supplementary registration with respect to the transfer of each of the above provisional registrations to Defendant D.

C. Around July 5, 201 to September 9, 201, part of the instant land was 2,345 square meters (a total of 2,345 square meters in land after division = 2,345 square meters in total) as a road site was incorporated into a road site of 207 square meters in 1,176 square meters in 147,560,000 won in compensation or sale on August 5, 201, the Plaintiff transferred the ownership of 147,560,000 won to Gyeonggi-do on July 27, 2011.

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