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(영문) 인천지방법원부천지원 2014.10.08 2013가단44999
소유권이전등기
Text

1. As to each real estate listed in paragraphs 2, 4, and 5 of the Schedule of Attached Real Estate A, the Defendant is against Plaintiff B.

Reasons

1. Basic facts

A. On July 11, 2005, the Defendant entered into a contract with the Plaintiff on July 1, 2005, under which the Plaintiff would be paid KRW 850 million on the date of the contract, and KRW 20 million on August 20, 2005, and KRW 375 million on September 20, 2005, and KRW 375 million on September 20, 2005 (hereinafter referred to as the “instant contract”). The Defendant entered into a contract with the Plaintiff on November 20, 2005, stating that “the Plaintiff would provide a second party who wants to have the buyer,” as a special agreement under the contract, and the Plaintiff paid all the above amount to the Defendant by November 24, 2006.

B. The designation of a land transaction permission zone for the instant land before the instant subdivision was revoked on May 31, 201. The instant land before the instant subdivision was subject to registration conversion into 6,287 square meters of HH forests and fields on November 1, 2012, and each land listed in paragraphs (2) through (9) of the attached Table Nos. 2 through (9) was divided from the said land on September 27, 2013, and the said land remains.

(hereinafter referred to as "each land listed in the above list"). [Grounds for recognition] No dispute exists, entry in Gap evidence 1, 2, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiffs concluded the instant sales contract with the Defendant through Plaintiff A, with the knowledge of the circumstances that the instant sales contract was concluded for Plaintiff B, C, D, and E (hereinafter “B”), and subsequently, at the time of the instant sales contract, the Defendant became aware that the instant sales contract was concluded for Plaintiff B, C, D, and E (hereinafter “the Plaintiffs”), and subsequently, the period for the registration of ownership transfer to the persons wishing to be Plaintiff A at the time of the instant sales contract, and thereafter, the Plaintiff A’s land Nos. 2, 4, and 5, Plaintiff B, 3, and 8, Plaintiff C’s land No. 1, Plaintiff D’s land, and Plaintiff E’s land No. 6, Plaintiff E, and the access to the land

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