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(영문) 수원지방법원평택지원 2020.09.16 2019가합13010
정산금
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On November 28, 2016, the Defendants transferred the right to claim transfer of ownership on November 28, 2016, after the Plaintiff purchased the land from a clan around October 2016 and completed the registration due to the purchase and sale promise, Defendant B (2/3 shares) (1/3 shares), Defendant C (1/3 shares), Defendant C (1/3 shares), Defendant C (1/3 shares), 321 square meters of a 1084 square meters G, 593 square meters of 1084 square meters, and 321 square meters of a 321 square meters of a clan (hereinafter “the land to be provided for a clan”) prior to the transfer on November 28, 2016, which was transferred on November 30, 2016.

Defendant B (2/3 Shares) Defendant C (1/3 Shares)

A. On November 30, 2016, the Defendants: (a) leased KRW 1,350,000,000 to the Plaintiff and D Class D (hereinafter “J”) on May 27, 2017; (b) the repayment period of KRW 1,50,000,000; and (c) the interest rate of KRW 2% (after the repayment period); and (d) in order to secure the said loan, the Defendants completed the registration of ownership transfer claim regarding the land provided by the Plaintiff and clans as follows.

B. The Defendants failed to receive the above loans by the due date, and filed a lawsuit for the principal registration pursuant to the provisional registration with the Suwon District Court Decision 2017Gahap10505, Jan. 31, 2018 against the Plaintiff and the clan, and entered the lawsuit against the Plaintiff and the clan on January 31, 2018, “the Plaintiff shall be determined in favor of the Defendant B, on October 24, 2017, that “as to the land provided by the Plaintiff, the clans shall perform the procedures for the registration of ownership transfer of 1/3 equity and 1/3 equity to the Defendant C, on the ground of the completion of trade reservation as to the land provided by the Plaintiff,” and the said judgment became final and conclusive on February 21, 2018.

The indication of real estate: A seller of Pyeongtaek-si E-si and forest 21539 square meters (land provided to a plaintiff): The joint purchaser of the plaintiff: The plaintiff shall sell the land provided to the defendants in KRW 2,973,00,000 to the defendants.

The Plaintiff’s land.

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