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(영문) 서울고등법원 2016.10.06 2015나27233
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. (1) On January 16, 2012, the Plaintiff and the Defendant agreed to KRW 300,000,000 with respect to the money that the Plaintiff had not leased to the Defendant until that time. To repay, the Defendant assessed and transferred the land owned by the Defendant to the Plaintiff at KRW 350,00,000 (hereinafter “the land in this case”) of Pyeongtaek-si D, E, F, and three parcels owned by the Defendant. By doing so, the Defendant’s loan obligation to the Plaintiff at KRW 300,000,000, out of KRW 300,000, the secured obligation established on the land in this case’s accord and satisfaction. The Plaintiff agreed to take over the secured obligation established on the land in this case’s accord and satisfaction at KRW 100,000,000,000 with respect to the Defendant’s permission for farmland diversion and construction and satisfaction at KRW 100,000,000,000 with the agreement that the Plaintiff acquired the above right from the Plaintiff.

On March 29, 2012, the Defendant completed the registration of ownership transfer on the instant land by accord and satisfaction.

(2) The details of changes in ownership of each real estate listed in the Schedule 1 to 4 are as follows:

(A) Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “H real estate”) G acquired the ownership of each real estate listed in the separate sheet No. 1 on April 10, 2008, and the ownership of each real estate listed in the separate sheet No. 2 on May 12, 2010. On October 19, 2012, the Defendant’s spouse completed the registration of ownership transfer with respect to each real estate listed in the separate sheet No. 1. 1.

(B) The Defendant, on January 28, 2008, sold each of the real estate listed in the separate sheet No. 3 (hereinafter “instant Cheongdo-gun real estate”), with respect to the instant Cheongdo-gun real estate owned by K on January 28, 2008.

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