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(영문) 수원지방법원평택지원 2014.10.17 2013가합4168
원인무효로인한소유권이전등기말소등기
Text

1. The plaintiff's lawsuit against the defendant corporation's natural architecture, D, and E shall be dismissed respectively.

2. The plaintiff's defendant B and C

Reasons

1. Facts of recognition;

A. On January 22, 2009, the Plaintiff, Defendant B, and C purchased KRW 1,940 square meters of Pyeongtaek-si F, and KRW 4,914 square meters of G forest land (hereinafter “joint purchase land”) before Pyeongtaek-si F, and completed the registration of ownership transfer by one-third shares, respectively.

The auction price for part of the shares of Defendant B and C was borne by I, J, etc. as a member of H-investment clubs.

B. On June 30, 2009, the Plaintiff purchased 1.161 billion won (the down payment 50 million won on the day of the contract, the intermediate payment 27.4 billion won on September 30, 2009, and the balance 387.0 million won on January 31, 2010) of each of the 1/3 shares of Defendant B and C in the co-purchase land (the down payment 57.0 million won on the day of the contract, the intermediate payment 27.4 billion won on September 30, 2009, and the remainder 387.0 million won on January 31, 2010) with Defendant B, separately from the purchase price, and entered into a sales contract with Defendant B to fully pay 30 million won on September 30, 2009.

(hereinafter referred to as “the First Sales Contract”) C.

According to the instant sales contract, the Plaintiff paid to Defendant B and C the down payment of KRW 500 million on June 30, 2009, and paid the intermediate payment of KRW 274 million on October 15, 2009 and KRW 30 million on the Defendant B, respectively, in accordance with the instant sales contract, but the Defendant B’s apartment mortgage loan loan amount was not fully paid.

Co-purchase land was divided into several parcels, including the real estate listed in the separate sheet No. 1 and No. 2 (hereinafter “instant land”). Defendant B and C completed the registration of ownership transfer for part of divided land after receiving the down payment and the intermediate payment from the Plaintiff, and the Plaintiff began to build a new multi-family housing on that ground.

E. The Plaintiff did not pay the remainder by January 31, 2010, which is the remainder payment date, and did not fully pay the Defendant B’s apartment mortgage loans.

January 31, 2010, which is the payment date of the balance.

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