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(영문) 의정부지방법원 2015.10.30 2015나9579
소유권이전등기 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 17, 2007, the Plaintiff entered the real estate (hereinafter referred to as “instant store”) in the attached Form (hereinafter referred to as “instant store”) among the real estate in the real estate B and 8 lots of ground C (hereinafter referred to as “Dl” after the date of the strike between the KC Industry Development Co., Ltd. (hereinafter referred to as “KC Industry Development”) and the real estate in the attached Form (hereinafter referred to as “instant building”) which the Plaintiff claims for the transfer of ownership in the instant lawsuit as “10” or “No. 116,” and “No. 116,” as “No. 113,” and the details of the receipt (Evidence No. 7) of January 17, 2007 as “No. 113, the deposit money related to “No. 113, the first and the additional taxes are fully paid,” and the deposit slip (Evidence No. 8) prepared in 2008 is written as “No. 113(16).

As to the sale price, the sales contract for the 905,945,400 unit was concluded (hereinafter “instant sales contract”).

B. According to the instant sales contract, 181,188,480 won out of the sales price is 181,188,480 won of the first intermediate payment and 181,188,480 won of the second intermediate payment and 181,188,480 won of the second intermediate payment and 352,376,960 won of the remainder on January 17, 2007 and July 17, 2007, and 352,376,960 won of the remainder on the completion date, and the said sales price shall be paid at the foreign exchange bank account of the K industry development.

C. On January 17, 2007, the Plaintiff transferred KRW 362,376,960 in total to the foreign exchange bank account of the K Industry Development as stated in the instant sales contract, KRW 300,000 in total to the foreign exchange bank account of the KFS Co., Ltd. on March 19, 2007, and KRW 181,18,480 in total to the national bank account of the KF development on July 18, 2007.

On May 9, 2009, the registration of ownership transfer was completed with respect to the store of this case as the owner of the development of the KM industry, and on January 13, 201, the registration of ownership transfer was completed on September 30, 2005 with respect to the trust of the K non-Real Estate Trust Co., Ltd. as the trustee.

E. Thereafter, the development of the KMM will be defaulted.

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