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(영문) 수원지방법원평택지원 2012.07.26 2011가합3673
소유권이전등기
Text

1. The Plaintiff:

A. As to the share of 3/9 of the real estate listed in the separate sheet Nos. 1 to 4, Defendant B.

Reasons

1. Basic facts

A. On March 15, 2011, the Plaintiff entered into a sales contract with the Defendants on the following terms: (a) the share of Defendant B 3/9; (b) the real estate listed in the attached Table No. 1 through No. 4 owned by the remaining Defendants in the attached Table No. 2/9; and (c) and the real estate listed in the attached Table No. 5 owned by the Defendant C (hereinafter collectively referred to as “instant real estate”); and (b) Pyeongtaek-si H 4,467 square meters, I forest land 6,73 square meters, I forest land 6,773 square meters; and (c) the purchase of the land of Pyeongtaek-si owned by J with the Defendants to purchase the land of 952 square meters prior to Pyeongtaek (hereinafter referred to as “instant sales contract”); and (d) the Plaintiff entered into an agreement with the following terms

Total purchase price: 3,068,000 won: 306,800,000 won (if a contract is not concluded on the land F, G’s H and I, the down payment shall be returned to the Plaintiff without penalty, but if the contract is not concluded by April 30, 201, the down payment shall be returned to the Plaintiff without penalty, and if the contract is not concluded by April 30, 201, the contract is concluded at the average price for the sale price for the instant real estate).

The Plaintiff paid the Defendants the down payment of KRW 306,800,000 on the date of the contract, but the Defendants did not obtain consent from F and G to the conclusion of the contract for the above H and I land owned by them until April 30, 2011.

C. As of the date of the closing of argument in the instant case, the limitation of rights is complete with the following contents.

Of the real estate in the attached list 1 through 4 of the attached list No. 1, 28,00,000 won 266,814,656 won among the real estate in the attached list No. 1, 2,000,000 won among the real estate in the attached list No. 1, 2,860,078 of the National Health Insurance Corporation [Attachment No. 2,860,078 of the attached list No. 2,860,000 won among the real estate in the attached list No. 1, 3, and 4 of the attached list No. 1, 5,000,000 won among the real estate in the attached list No. 1, 1,3, and 4 of the right holder's claim amount.

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