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(영문) 전주지방법원 2018.05.04 2017나14287
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant on December 7, 2008, as to each land listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. As to each land listed in the separate sheet on September 1, 1999 (hereinafter “each land of this case”)

8. 31. After completing the registration of ownership transfer on the ground of sale and purchase, on February 22, 2008, the Korea Rural Community & Agricultural Corporation has sold each of the above lands at KRW 7,949,00. On February 26, 2008, the Korea Rural Community & Agricultural Corporation completed the registration of ownership transfer on each of the above lands on February 22, 2008.

B. On February 26, 2008, the Defendant purchased each of the instant land from the Korea Rural Community & Agricultural Corporation as KRW 79,490,00,000, and paid KRW 19,865,00 of the purchase price on the same day, and the Defendant actually borne KRW 19,865,00 of the purchase price.

C. The Defendant agreed to pay the Korea Rural Community & Agricultural Corporation a subsidy of KRW 59,625,00 (i.e., KRW 7,949,00 in - KRW 19,865,00 in - KRW 19,865,00 in -) with interest thereon over 30 years, and set up a collateral obligation to the Korea Rural Community & Agricultural Corporation. The Plaintiff paid the Defendant a full repayment obligation to the Korea Rural Community & Agricultural Corporation for four times from January 15, 2010 to January 20, 2014. The collateral security right of the Korea Rural Community Corporation was cancelled on January 21, 2014.

On the other hand, as of December 7, 2008, a sales contract (Evidence A No. 4-1, 2000, hereinafter “the sales contract of this case”) was prepared with the purport that “The sales price of KRW 14.49 million out of KRW 79,490,000,000, is settled to the seller and the buyer is responsible for the remainder of KRW 65,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

The seller's name of the above sales contract is the same as the defendant's certificate of seal imprint.

[Reasons for Recognition] Facts without dispute, including Gap evidence Nos. 1 through 8, 11, 13 through 16, 24, below

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