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(영문) 의정부지방법원 2015.02.12 2013가합71828
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 465,224,133 to the Defendant (Counterclaim Plaintiff) and its related amount from March 1, 2014 to February 12, 2015.

Reasons

1. Basic facts

A. On January 6, 2005, the plaintiff and the defendant jointly purchased the instant land E from D to KRW 800 million (=the balance of KRW 200 million for the down payment) and agreed to make a registration of transfer of ownership more than one year. On April 7, 2006, the registration of transfer of ownership was completed on the ground of the "sale on March 30, 2006" under the sole name of the defendant on April 7, 2006. At present, the registration of transfer of ownership was completed on July 13, 2006 under the name of the National Bank of Korea (the debtor, the defendant, the maximum debt amount of KRW 520 million).

B. On June 15, 2012, the Plaintiff and the Defendant completed the registration of ownership transfer on each one-half share of F&562 square meters in each of F&562 square meters in Pakistan, and thereafter sold at a voluntary auction procedure around January 2015.

C. G land 1) On December 8, 2001, the Plaintiff collectively referred to as “instant G land” consisting of the said three parcels, which had undergone land category change and division procedures, 2,701 square meters of H land site, 69 square meters of I road, and 2,073 square meters of J forest (hereinafter “land category change and division procedures”).

(2) While H 4,843 square meters at the time of the initial sale, on January 16, 2012, the land category change was made with three parcels, such as H 2,701 square meters, I road 69 square meters, J 2,073 square meters, etc. Of each of 2,490.5/4,981 square meters, each of which was registered for sale on November 12, 2001.2) The Defendant purchased each of the instant G land from H K in his wife’s name on June 24, 2003, and completed a registration of ownership transfer under the Plaintiff’s name on August 26, 2003, each of the instant G land became the sole name of the Plaintiff.

3) On May 21, 2012, the Plaintiff and the Defendant agreed to distribute profits from resale after the implementation of joint investment and development of civil engineering works for the instant G land and new construction of factories, and newly constructed a new factory. The 5 operation of the H single-story factory on the ground (hereinafter collectively referred to as “A through E”) on May 21, 2012.

(4) Each registration of preservation of ownership has been made in the name of the Plaintiff.

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