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(영문) 울산지방법원 2018.03.29 2017나22889
소유권이전청구권가등기말소등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. In around 2012, the Plaintiff entered into a sales contract with the Hanbag Industry Co., Ltd. (hereinafter “ Hanbag Industry”) on the content that the Plaintiff sells D orchard 3,207 square meters and E forest land 3,306 square meters (hereinafter “each of the instant land before subdivision”) in the Hanbag-gun, Ulsan-gun, Ulsan-gun, a land prior to subdivision.

B. The next white industry was conducted with respect to the development activities on the land before subdivision before the ownership was transferred from the Plaintiff, and the land before subdivision was divided into 16 parcels as follows:

(A) The following subdivision is specified on the basis of the parcel number as “D land.” The division details of D-U.S. 3,207 square meters prior to the subdivision - F-U.S. 32 square meters - G-U. 201 square meters - H-U. 829 square meters - C-U. 212 square meters - J-U. 612 square meters - J. 628 square meters - J-U. 364 square meters - G-U. E-U. 3, Ulsan-U. 364 square meters prior to the subdivision - G-U. 508 square meters of forests and fields - M 218 square meters of forest - 770 square meters of forest and field - 73567 square meters of forest and field - 7567 square meters of forest and field -

C. On June 1, 2015, the Defendant: (a) purchased KRW 7600 million from the white industry of Korea, the purchase price of KRW 510 million from the sale price; and (b) concluded a sales contract in lieu of the payment of the purchase price by acquiring the collateral security debt established by the Defendant’s land (hereinafter “instant land”), the G land for which the registration of ownership transfer has been completed in the Plaintiff’s name; (c) land for which the registration of ownership transfer has been completed in the Plaintiff’s name (hereinafter “instant land”); and (d) land for which the ownership transfer has been divided into KRW 203 square meters; and (e) land for which the J, J, M, N,O land, P land, and Q land (hereinafter “instant land”).

The defendant paid KRW 100 million out of the purchase price in the Korea-Japan Industry.

On the other hand, around June 1, 2015, the date of the conclusion of the above sales contract, the Plaintiff drafted a real estate sales contract with the content of selling the Hanbag Industry and M land, N land, P land, O land, P land, and Qu land in the Hanbag Industry for KRW 200 million.

E. The Plaintiff on June 5, 2015.

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