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(영문) 수원지방법원 2021.01.28 2020가합19886
채권자대위청구의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the housing construction business, the real estate sale and lease business, etc., and the Defendant became the Defendant, on August 1, 2016, 27786 square meters of C forest land and 27763 square meters of land in Yongsan-si, Suwon-si (hereinafter “C forest”) and 743 square meters of land in D forest and 234 square meters of land and E.

A person who was the owner of the instant land (hereinafter referred to as “instant land”), and the F Co., Ltd. is a corporation operating a housing construction business, real estate development business, etc.

B. On May 4, 2015, the Defendant concluded a sales contract with the Plaintiff on May 4, 2015, and completed the Plaintiff’s ownership transfer registration (i) with the Plaintiff on May 4, 2015, to sell the instant land owned by the Defendant to the Plaintiff at KRW 7,00,000,000 (hereinafter “instant land sales contract”).

2) On January 28, 2020, the Plaintiff completed the registration of transfer of ownership on the instant land.

(c)

With respect to the instant land in the name of the Defendant and the KCAF on April 9, 2018, in the name of the Plaintiff and the KCAF, a written agreement for land purchase and sale (hereinafter referred to as the “written agreement for land purchase and sale between the Defendant and the KCAF”) on April 9, 2018 with respect to the instant land, is prepared on April 9, 2018, and the amount of KRW 1,000,000 as the agreed amount pursuant to the land trade agreement entered into on April 9, 2018, shall be collected according to the agreement for land purchase and sale concluded on April 9, 2018.

Land B (hereinafter referred to as "A") and the “F (hereinafter referred to as “B”) in relation to land purchase-price C (hereinafter referred to as “sale land”) in Gyeonggi-do, Gyeonggi-do, the Agreement on Land Sale and Purchase” shall be agreed as follows:

- - Other

L - “A” - “as regards the sale and purchase of land, where a real estate sales contract entered into with A (State) on May 4, 2015 is terminated, the sale and purchase of land shall be sold to B.

2. Sales amount, payment method, etc. shall be determined by mutual agreement at the time of conclusion of the fixed real estate sales contract, and consultation shall be made in accordance with the terms and conditions of the real estate sales contract concluded with the existing state A.

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