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(영문) 부산지방법원 서부지원 2018.04.25 2017가단103236
소유권이전등기말소 등
Text

1. Defendant C is each of the Plaintiff’s marks 1, 2, 3, 4, 7, 8, 9, 10, 11, and 1 of the attached drawings among the real estate listed in the attached list.

Reasons

1. Basic facts

A. On January 2, 2008, the Plaintiff purchased from Defendant C the remainder of 264 square meters, excluding the portion to be incorporated into a road site in accordance with the future urban planning among the 1,111 square meters of Gangseo-gu Busan Gangseo-gu, Busan, for 80,00,000 square meters. Of the above purchase price, 55,000,000 won out of the above purchase price shall be appropriated for the loan that the Plaintiff lent to the Defendant during that period, and the amount of KRW 10,000 shall be paid each of the 10,000,000 on January 2, 2008 and January 4, 2008, and 5,000,000 won shall be paid when the division of a road site in accordance with the urban planning is confirmed to a certain extent.

(hereinafter “instant First Trade”). (b)

Busan Gangseo-gu is divided on April 2, 2008, and has been 516 square meters in Busan Gangseo-gu and 595 square meters in size.

C. By April 7, 2010, the Plaintiff paid the Defendant the sales price of this case to the Defendant. On the same day, the Defendant agreed to complete the registration of transfer of ownership with respect to the portion (A) of 264 square meters in the ship (hereinafter “instant land”) connected each point of the attached Form Nos. 1, 2, 3, 4, 7, 8, 9, 10, 11, and 1 among the 516 square meters in Busan Gangseo-gu, Busan.

G and Defendant C agreed on August 25, 201 to trade KRW 251 square meters and KRW 595 square meters in the Gangseo-gu Busan Metropolitan Government F. 516 square meters, and KRW 346,000,000. On October 16, 2011, they again agreed to trade the total amount of KRW 516 square meters and KRW 595 square meters in the Gangseo-gu Busan Metropolitan Government F. 526,00,000.

(2) On December 20, 201, Defendant C completed the registration of ownership transfer (No. 30681, the Seosan District Court’s registration office received) on December 20, 201 under the name of Defendant B, his/her father’s wife, according to the 2nd sales contract of this case.

E. Busan Gangseo-gu, Busan, was divided on December 19, 201, and the real estate recorded in the attached list containing the instant land and H field of 167 square meters.

F. Although Defendant C had the duty to complete the registration of ownership transfer on the instant land by Busan District Court Decision 2012Da3059 around 2012, Defendant C violated the said duty.

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