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(영문) 대구지방법원김천지원 2015.05.08 2014가합768
소유권이전등기 말소 등
Text

1. Of the instant lawsuit, the part demanding the cancellation of a sales contract between Defendant D and C, and between Defendantdo Community Credit Cooperatives and D.

Reasons

1. Basic facts

A. On September 206, Defendant B paid Defendant B the Plaintiff the total amount of KRW 197,00,000,000 as the instant land price, etc. over five times in total, as indicated in the attached Table 2, from October 26, 2006 to February 22, 201, for the following reasons: (a) Defendant B sold the instant land owned by the Korea Water Resources Corporation upon entrustment; (b) Defendant B made a false statement to the Plaintiff.

3) On February 18, 2009, Defendant B promised to pay to the Plaintiff KRW 240,000,000 paid for the construction of J roads by March 5, 2009 (excluding the land value) (No. 4-1, No. 4-1, hereinafter “instant confirmation”).

(4) On the same day, Defendant B prepared and delivered a written confirmation (Evidence 6; hereinafter referred to as “instant confirmation”) stating that “The Plaintiff shall make and deliver to the Plaintiff a registration of double 812 to be incorporated into the road, out of the o road construction among the two parallels of 1004 square meters, L 1620 square meters, M 65 square meters, and N 400 square meters, in return for the promise to settle the amount at that time.”

B. On August 6, 2009, Defendant B entered into a contract to establish a mortgage on the first and second immovables with Defendant Do Community Credit Cooperatives (hereinafter “Defendant Community Credit Cooperatives”) for the purpose of securing the loan obligation on August 6, 2009, with respect to the first and second immovables as stated in the attached list Nos. 1 (hereinafter “Real Estate 1 through 14”) 1, 2, and 30,000 won (hereinafter “Defendant Community Credit Cooperatives”) and superficies contract on the second immovables, and on the same day, hereinafter “the registration to establish a mortgage on the first and second immovables” for the first and second immovables.

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