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(영문) 전주지방법원 2015.11.04 2013가단30464
가등기에기한본등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 12, 2012, the Plaintiff agreed to evaluate F’s total assets as KRW 1.2 billion between the Defendant, G, and H, and the instant land owned by the Defendant as KRW 1.0 billion, and entered into an exchange agreement with the following contents (hereinafter “instant exchange agreement”).

1. The transfer of the registration under C or D in So-jin-gu Seoul Metropolitan City prior to the ownership of B shall be made after the end of 2015.

Provided, That on November 12, 2012, provisional registration of the right to claim ownership transfer registration and superficies shall be established.

2. As to the real estate 1,200 square meters in Jinan-gun, Jinan-gun, Jinan-gun, D, B, before the end of February 2013, set up a mortgage of KRW 200 million with respect to D, and the repayment will be made before the end of February 2015.

3. All the legal responsibilities and authority of the F Co., Ltd. owned by the Plaintiff (Plaintiff) shall be determined by November 13, 2012.

4. The Government (H) shall guarantee the presence of the foregoing matters.

B. In accordance with the instant exchange agreement, the Plaintiff transferred 20,000 FF shares on November 12, 2012. Of them, 13,300 shares out of the transfer took place by H’s wife, 6,700 shares in G, and 6,700 shares thereafter.

According to the instant exchange agreement, the Defendant entered into a real estate sales contract (hereinafter “each of the instant land sales contract”) on November 12, 2012, stating that the Plaintiff would sell each of the instant land in KRW 1 billion, and prepared a written confirmation on November 12, 2012, stating that the Plaintiff was fully paid KRW 1 billion, and established a provisional registration of the right to claim transfer of ownership on November 12, 2012, with respect to each of the instant land as the receipt No. 73629 of the Jeonju District Court’s receipt on November 13, 2012, the Defendant issued a provisional registration of the right to claim transfer of ownership on November 12, 2012.

C. Meanwhile, on November 11, 2012, G made an investment of the instant land between H and H, and H divided into 3,383 square meters among 65,772 square meters in K, Jinan-gun, Jinan-gun, Jeonbuk-gun (hereinafter “Lin-gun, 3,383 square meters”) and 557 square meters among 992 square meters in M, 557 square meters (hereinafter “57 square meters”) and O.

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