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(영문) 의정부지방법원 2015.01.16 2013가합73183
소유권이전등기
Text

1. Defendant B:

A. As to each real estate listed in the separate sheet No. 2, the reason for the restoration of the true name.

Reasons

1. Basic facts

A. On December 25, 2012, the Plaintiff: (a) sold at KRW 900,000 of KRW 530 square meters (including road site 30 square meters, conversion area 1,752 square meters) and the factory of this case, which was newly constructed on the same ground among the 530 square meters of forest E 8,168 square meters (hereinafter “the mother land of this case”) in Namyang-si, the Plaintiff owned with Defendant D and the Plaintiff; and (b) concluded a sales contract at the same time by changing the name of the owner of the factory of this case to a person designated by Defendant D or Defendant D (hereinafter “the sales contract of this case”). (c) KRW 70,000,000, the intermediate payment of KRW 10,000 on the date of the contract, the intermediate payment of KRW 10,000,000 on January 25, 2013; and (d) concluded the sales contract at the same time, changing the name of the owner of the factory of this case to a person designated by Defendant D or Defendant D.

B. The Plaintiff received KRW 180,000,000, which is part of the intermediate payment on December 26, 2012 from Defendant D, and KRW 50,000,000, which is part of the intermediate payment on January 6, 2013, and the remainder of intermediate payment of KRW 50,000,000 on January 25, 2013, and KRW 10,00,000, which is a part of the remainder on February 19, 2013.

C. On March 11, 2013, the Plaintiff handed over the instant factory to Defendant B, who is the husband of Defendant D, and filed an application for approval to revise the establishment of the instant factory under the name of Defendant B on June 20, 2013, and obtained approval to revise the establishment of a new factory from the Namyang market on June 28, 2013, with “the name of the company F, representative B, the location of the company E, the area of the building, 1,874 square meters,” and obtained permission to construct the instant factory under the name of Defendant B from the Namyang market on July 10, 2013, and filed a report on the commencement of the construction of the instant factory on August 9, 2013.

On July 9, 2013, Defendant D and B demanded that the instant factory site be divided into a size of not less than 1,874m2, which is less than the site area on the approval of the establishment of the instant factory, in the course of a subdivision survey on the part to be the site of the instant factory from the instant mother land (hereinafter “instant subdivision survey”). At the request of the said Defendants, Defendant D and B demanded that the instant factory site be divided into a size of not less than 1,834m2, which is the site area on the said approval of the establishment of the instant factory. Upon the said Defendants’ request, “instant land” refers to the real estate listed in the attached Table

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