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(영문) 수원지방법원 2015.03.12 2014가단62394
지분이전등기 청구
Text

1. The Defendant (Appointed Party) and the designated parties indicated in the attached Form No. 1, 2, 3, 4. on the Plaintiff’s land of Pyeongtaek-si C, 4,959 square meters.

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff’s father D and the Defendant (Appointed Party; hereinafter “Defendant”) concluded a sales contract with the Defendant with a specific location and size of 49,959 square meters of forest land in Pyeongtaek-si and Pyeongtaek-si, and paid KRW 180,000,000 in total as contract deposit and intermediate payment, by specifying the location and size of 50,821 square meters.

On the other hand, the above land was owned by nine persons including the defendant, and the defendant was delegated the authority to conclude the above sales contract from the co-owners at the time of conclusion of the above sales contract.

On July 31, 2012, part of the above E forest was divided into Pyeongtaek-si C Forest land 4,959 square meters (hereinafter “instant land”).

B. On August 27, 2014, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with respect to the purchase price of KRW 206,660,00 (contract amount: KRW 20 million on the date of the contract, intermediate payment: KRW 160,000 on August 29, 2014, and the remainder: KRW 26,660,000 on October 31, 2014) (hereinafter “instant sales contract”).

As the special terms and conditions of the instant sales contract include the following:

A person shall be appointed.

1. This contract shall be transferred in installments in accordance with the agreement on a part of the entire area.

The parts on the division shall be mutually cooperate.

2. There is a set of one compulsory auction and one attachment. 3. The balance date is set on the above date, but all compulsory auction and attachment are paid after cancellation.

4. The division shall be accompanied separately after the reference drawing. On the other hand, the designated parties shall deliver to the Defendant the power of attorney to delegate the following contents with respect to the instant land. The Defendant shall: “The consent necessary for permission for development activities (the whole required for permission for development activities), the permission for construction (the consent), the division of land (the consent necessary for the division of land), and all other actions incidental to the above matters.

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