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(영문) 창원지방법원진주지원 2016.08.12 2014가단12863
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At the center of the defendant as the party, the plaintiff is an external third village, and C is the wife.

B. The Plaintiff entered into a sales contract (1) around November 2010, according to the evidence No. 3, the date of preparation is indicated as around November 201. However, according to the evidence No. 12, the date of preparation appears to be around November 2010. The Defendant prepared and delivered a power of delegation with the authority to fully delegate the authority to divide the graveyard portion in J (land and assembly type E, F, G, H, H, I, K, L, M and G, and K.

Real estate sales contract

1. Indication of real estate ① D. D. 175.5 square meters in Jinju-si. ② M. 175 square meters in light-do. ② M. 175 square meters in light-do. ② M. 2.52 square meters in light-based living facilities in the second-class neighborhood living facilities in the second-class neighborhood living facilities in the second-class 97.18 square meters on the above ground. ③ G. 2.52 square meters in light-story 2.52 square meters in a single-story; ③ before Jinju-si, J. 55 square meters in a single-story; ④ M. 1,186 square meters in Jindo-si. 6 square meters in Jinju-si. 1,186 square meters in J. 793 square meters in Jinju-si. 793 m. 8,430 square meters in Jinju-si; and

2. The sales price of KRW 320,000,000 is paid and received at the time of a contract. The remainder of KRW 290,000,000 shall be excluded from the portion of graveyard G and K out of the said real estate, which is paid in J and K, on December 20, 201.

(2) The transfer of ownership after surveying and dividing cemeteries, etc. shall be completed.

(3) The amount of 10,000,000 won for lease on deposit basis at D stores shall be deducted at the time of any balance.

The seller: (a) On November 24, 201, the Plaintiff entered into a real estate sales contract with C and one other (N) on the following terms (hereinafter “instant sales contract”). (b) The Plaintiff entered into a real estate sales contract with C and one other (N) (hereinafter “instant sales contract”).

(3) On the other hand, while the Defendant intended to purchase the real estate in KRW 120,00,00 among the subject matter of the instant sales contract, the Defendant received a seal imprint from the Plaintiff, and affixed a seal imprint on the Plaintiff’s name. However, the Defendant stated that the Plaintiff would not sell part of the said real estate.

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