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(영문) 창원지방법원 2013.12.31 2011가단15394
매매계약취소에의한소유권반환청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 29, 2008, the Plaintiff entered into a sales contract with D by setting the sales amount of KRW 600 million with respect to the land within 4052m2 and 12 lots of land owned by D, Gyeongnam Development-gun, Gyeongnam Development-gun, and 12m2 (hereinafter “instant land before the instant subdivision”), and paid down payment KRW 60 million to D on the same day.

B. Since then, F and Defendant Non-Indicted Corporation (hereinafter “Defendant Non-Indicted 1”) decided from the Plaintiff that the Plaintiff would purchase approximately 3,00 square meters of the land before the subdivision, if the Plaintiff constructed the site for the factory site, and the Plaintiff, F and Defendant Non-Indicted 1 obtained a plan for the establishment of each of their factories in part of the land before the subdivision from the Madju-Gun around February 27, 2009.

C. On May 4, 2009, the Plaintiff borrowed KRW 800 million from G, etc. and paid KRW 540 million among them to D as sales balance.

On May 4, 2009, the Plaintiff, F, and Defendant B, as a sole owner or joint ownership, completed the registration of ownership transfer based on the sale on March 20, 209 as to the land prior to the subdivision. On the same day, regarding the land prior to the subdivision of this case, the said G et al. completed the registration of establishment of a neighboring maximum debt amount of KRW 1.2 billion against the Plaintiff, F, and Defendant B, etc., and the registration of creation of a superficies, respectively.

E. Since then on January 11, 2010 and December 12, 2010, part of the land before the instant subdivision was divided as indicated in the “Revised Parcel Number” column in the attached Table 2 (hereinafter “instant subdivision”) and was made on January 21, 2010 and the same year.

2.3. The land after the division of this case is owned by the Plaintiff, H, F, and F established by the Plaintiff, the Plaintiff’s corporation, and Defendant B and Defendant B, in the attached Table 2, as indicated in the column for co-owner’s share, as the ownership of part of the land after the division of this case was transferred.

F. The F died on January 22, 2010, and his heir was Defendant C and I, the child of his heir, but I was the head of the Busan Family Court. However, the F was the head of the Busan Family Court 2010 was the head of the Busan Family Court 1217.

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