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(영문) 창원지방법원진주지원 2015.02.06 2014가단3036
소유권이전등기
Text

1. As to the real estate stated in the attached Form

A. The defendant Korea Land and Housing Corporation shall trade the defendant B on May 7, 199.

Reasons

1. Facts of recognition;

A. Defendant B (hereinafter only referred to as the “Defendant”) retired from the Korea Land and Housing Corporation (hereinafter referred to as the “Defendant Corporation”) by leasing real estate listed in the separate sheet from December 1993 to April 1998 (hereinafter referred to as the “instant apartment”) from the Defendant Korea Land and Housing Corporation (hereinafter referred to as the “Defendant Corporation”). On May 7, 1999, Defendant B purchased the instant apartment from the Defendant Corporation (hereinafter referred to as the “instant apartment sale contract”). At present, the owner of the above apartment unit on the registry is the Defendant Corporation, and the sales price under the said sale contract was paid in full as seen below.

B. On June 17, 2013, the Plaintiff leased the instant apartment with a deposit of KRW 45 million and a two-year period fixed from Nonparty C (hereinafter “Nonindicted Party”) who represented the Defendant (hereinafter “Nonindicted Party”) (hereinafter “instant apartment contract”) (hereinafter “instant apartment contract”), and on June 24, 2013, the Plaintiff transferred the instant apartment to and resided in the said apartment complex.

C. On January 23, 2014, the Plaintiff purchased the instant apartment from the Nonparty who represented the Defendant for KRW 78 million (hereinafter “instant sales contract”). To pay the purchase price, the Plaintiff replaced the deposit amount of KRW 45 million for the instant lease contract as part of the purchase price, and paid KRW 5 million out of the remainder of KRW 33 million via Nonparty D on January 13, 2014. On January 16, 2014, the Plaintiff paid KRW 8 million to the Nonparty (the Nonparty paid KRW 8 million to the Nonparty, who is the Defendant’s Cho), and the remainder of KRW 20 million, paid the sales price to the Nonparty on behalf of the Nonparty and the remainder of KRW 1984,80,000,000,000 from the sales contract to January 16, 2014, the Plaintiff paid the remainder of the sales price to the Nonparty and the Nonparty 150,005,000,000,000.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 and 12 (including the number with each number), C's testimony, witness D and E.

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