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(영문) 광주지방법원 2018.09.07 2017가단512301
소유권이전등기
Text

1. The defendant on August 16, 2007, as to each real estate listed in the separate sheet to the plaintiff, the Gisung District Court of Gwangju District.

Reasons

1. Basic facts

A. The Defendant has established and operated a sanatorium for older persons (hereinafter “the sanatorium for older persons”) under the trade name of “C” by leasing each real estate listed in the separate sheet from Jeonnam-do (hereinafter “instant real estate”).

B. On June 29, 2007, the Defendant purchased the instant real estate and D forest land of 2,130 square meters, E forest land of 11,207 square meters, F forest land of 26,191 square meters (hereinafter “instant neighboring real estate”) from Jeonnam-do, Jeonnam-do, and completed the registration of ownership transfer with respect to the instant real estate and the instant neighboring real estate on August 16, 2007.

C. On August 16, 2007 between the Plaintiff and the Defendant, the Defendant agreed to sell the instant real estate and the instant neighboring real estate at KRW 480 million to the Plaintiff on the same day, and the said money was paid and received on the same day. The date of completion of the pre-sale agreement shall be August 16, 2008, and the said date of completion shall be August 16, 2008, and a pre-sale agreement (hereinafter “instant contract”) was drafted, which states that the sales was completed naturally, even if there was no resolution of completion of the sale.

around that time, the Plaintiff paid the Defendant a total of KRW 870 million including the above KRW 480 million. D.

On August 16, 2007, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the Gisung District Court No. 11812 of the receipt of August 16, 2007, on the ground of trade reservation on August 16, 2007, on the ground of the instant real estate and its neighboring real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff and the Defendant purchased the instant real estate from Jeonnam-do and decided to resell it to the Plaintiff. The Plaintiff and the Defendant drafted the instant contract, and the Plaintiff totaled KRW 870 million to the Defendant.

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