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(영문) 대구지방법원안동지원 2016.11.02 2015가단22526
기타(금전)
Text

1. Defendant D caused the sale on March 6, 2009 to Plaintiff (Counterclaim Defendant B) on real estate stated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the whole pleadings in the statements in Gap evidence Nos. 1-2, 3, 5, 6, 7, Eul evidence Nos. 2, 7 through 11, Eul evidence No. 4-1 through 9, Eul evidence No. 13-2, 3, Eul evidence No. 24-1 through 9, and Eul evidence No. 24-9:

Defendant C, around August 2008, entered into a sales contract with Plaintiff C as a broker, E, F, etc. on H 15,053 square meters (hereinafter “instant land”) owned by the Defendant, but the said sales contract was terminated, the Defendant C, around December 2 of the same year, delegated the development of the instant land to Plaintiff B. On February 2, 2009, the Defendant C and the Plaintiff B provided the instant land, and the Plaintiff B agreed to newly construct and sell the instant land and pay KRW 500 million out of the proceeds therefrom to Defendant C as the purchase price of the instant land.

(hereinafter “instant agreement”). (b)

(1) On October 25, 2010, G Co., Ltd. (hereinafter “Nonindicted Company”) on October 25, 2010 for the purpose of running the said electric source housing sale business.

(2) On November 12, 2010, Defendant C completed the registration of ownership transfer with respect to the instant land to the non-party company on November 15, 2010, receipt No. 14066 on November 15, 2010. The non-party company completed the registration of ownership transfer with respect to the instant land to the non-party company under the name of the non-party company B, and the non-party company completed the registration of ownership transfer with respect to the instant land with the maximum debt amount of KRW 500 million on the same day to secure the payment of the purchase price under the instant agreement.

3) On April 5, 2012, the instant land indicated as “I” the land of Hacheon-gun, Chungcheongnamcheon-gun (hereinafter referred to as “I”).

The H was divided into J and K, and the said H became subject to registration conversion on the same day.

Since then L is 23. L, M, and N.

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