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(영문) 대전지방법원 2018.10.10 2017가합100110
정산금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 7, 2013, a network D (hereinafter “D”) was divided into KRW 22,678 square meters of H forest land E at the time of the Sejong Sejong District before the division (hereinafter “instant forest”) and changed into KRW 22,483 square meters of I forest land as a result of the division into KRW 4,195 square meters on June 5, 2017.

A. On October 4, 2013, the registration of the right to claim transfer of ownership was made on the ground of the reservation to trade (hereinafter “instant reservation to trade”) made on October 4, 2013.

(hereinafter “Provisional Registration of this case”). (b)

At the time of the provisional registration of this case, the registration of the establishment of a mortgage (the maximum amount of KRW 4.35 billion) around the FF association on December 30, 201, G on August 27, 2012, the registration of the establishment of a mortgage (the maximum amount of KRW 1.0 billion) around G on May 7, 2013, and the registration of the establishment of a mortgage (the maximum amount of KRW 420 million) around the Industrial Bank of Korea on May 7, 2013, respectively.

(c) Sales amount: 2.5 billion won - Contract amount: 250 million won - Balance: 2.25 billion won (payment on October 4, 2013) / [Special Agreement]

1. At present, the principal of the Dong-gu loan will be KRW 24:350,000,000 won (FF Association), KRW 26:1,00,000,000 won (G) and KRW 27:350,000,000 won (G) and KRW 4.7 billion,000,000,000 won (G Bank). 2. Contract deposit and remainder will be substituted by the seller’s debt.

3. The key of a provisional registration of sale shall be to establish a provisional registration at the time of balance of sale;

4. The date of transfer of ownership shall be determined by the buyer and the seller shall immediately prepare and transfer all documents when the buyer desires to transfer his ownership.

5. The principal and interest until the transfer of ownership shall be the payment key of the seller.

6. In cases of the transfer of ownership to the purchaser, the purchaser shall succeed to the principal of the loan of 4.7 billion won.

The Defendant and D drafted the Agreement on November 20, 2013, with the following content:

On August 25, 2014, the Defendant and D drafted a sales contract with the purchase price of eight billion won for the instant forest (hereinafter “instant sales contract”), and the Defendant as to the instant forest on the same day.

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