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(영문) 춘천지방법원 2016.07.13 2015가합137
손해배상(기)
Text

1. The Defendant’s KRW 38,210,426 as well as the Plaintiff’s annual rate of KRW 5% from February 10, 2015 to July 13, 2016.

Reasons

1. Basic facts

A. On December 6, 2003, the Plaintiff and C purchased the purchase price of KRW 500 million (hereinafter “instant sales contract”) from the Defendant for KRW 3,385 square meters, E, E, 463 square meters, F, F, 2,483 square meters, G 3,537 square meters (hereinafter “each of the above lands”) only as the lot number. However, when E and G land are collectively referred to, “each of the instant lands” was purchased for KRW 50 million (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff and C may complete the registration of ownership transfer with respect to D land and F land, but if each of the instant land, which is farmland, meets only the self-sufficient requirements under tax law, tax can be mitigated. Accordingly, upon completion of the registration of ownership transfer, the Plaintiff and C listen to a fluence that they will complete the registration of ownership transfer after eight years, and “in the instant sales contract,” each of the instant land will be established as a collateral for the Plaintiff.

(180,000,000) inserting a special clause.

C. On January 20, 2004, the Plaintiff and C paid all the above purchase price to the Defendant. On February 25, 2004, the Defendant, as a joint mortgage, paid each of the instant land to the Plaintiff on February 25, 2004, the “the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with the Plaintiff, the maximum debt amount of which is KRW 180,00

B, on the 27th of the same month, each registration of ownership transfer for D land and F land was completed. D.

Plaintiff

And C between H on October 29, 2005 and H on October 29, 2005, each of the instant lands, D, and F land owned by H is referred to as “the instant commercial building,” and “the whole of the instant commercial buildings within the I complex in the ancient city owned by H.

hereinafter referred to as "the exchange contract of this case" is the exchange contract of this case.

E.

On April 19, 2012, at the request of the Plaintiff and H, the Defendant will continue to conduct the J as to each of the instant lands.

27. Completion of the registration of ownership transfer based on sale.

The appraisal price of standard land for comparison of the area of the target land shall be 463 square meters E 8,800 square meters, assessed on the individual factors of the area subject to time adjustment, and the unit price of the application of other factors (won/Land).

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