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(영문) 춘천지방법원 2014.10.15 2013가합1143
소유권이전등기절차인수
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At the time of March 14, 2003, most of the underground floors and the first floor of the Chuncheon City, C, D, D, and 4 underground floors and the first floor (hereinafter “instant building”) except for the part of the shares in the third party’s name among the underground floors and the first floor, were registered as owned by the Plaintiff (part of the first floor) and E (part of the underground floors and the first floor), the Plaintiff’s wife, and the Plaintiff’s wife, and the F (wholly of the first floor, the part of the first floor, the second, third, and fourth floor, the entire company, and the above company (hereinafter “F”). However, G, the Plaintiff’s father and the representative director, who is the Plaintiff’s wife, occupied and managed them with the de facto authority to dispose of them.

B. At the time of March 14, 2003, the F-owned portion of the F-owned portion of the building of this case was in progress with respect to the second floor of 1297.6/134 shares, 3, and 4 floors of 2nd floor of 1297.6/134 shares, and the remainder of F-owned portion also was in considerable amount of debt obligations, such

C. On March 14, 2003, the above G entered into a real estate sales contract with the Defendant with respect to the instant building on behalf of the Plaintiff and the Plaintiff’s wife E (hereinafter “instant sales contract”).

1. A building site: C (1345 square meters), and D (92 square meters): Four stories above ground, and one story below ground (6,854,40 square meters for total square meters);

2. Sales amount: A down payment and intermediate payment of KRW 2,600,000 (2,600,000) in the terms of the contract: The sum of KRW 1,700,000 (1,700,000) paid on March 14, 2003; the remainder of KRW 900,000 (90,000,000) paid on the remainder of the successful bid price by the purchaser at the auction owned by the F.

Therefore, the amount exceeding 90 million won should be paid to the buyer immediately after the auction is completed by the seller.

3.The terms and conditions of this sale are the sale of the above total building area and the total site area.

(2) A seller shall transfer the transfer of registration of 13 stores, not owned by F, A, and E, to a buyer on April 30, 2003, and agrees to the invalidation of a contract and compensation in the event that such transfer is not performed.

At the same time, the defendant is the lessor and the plaintiff's wife E.

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