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(영문) 대전지방법원 2017.06.14 2015가합3857
토지매매대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The relevant Plaintiff and the Defendants, upon purchasing a 29,343 square meters of D forest and E forest and 4,242 square meters of land (hereinafter “forest and forest subject to development”) in Si/Gu, agreed to construct and sell housing on the ground and sell housing on the ground.

Defendant (Appointed Party, hereinafter “Defendant B”) is the mother of the Appointed C (hereinafter “Defendant C”).

After completing the registration of ownership transfer on forest land subject to development on December 26, 2011, the Plaintiff completed the registration of ownership transfer on the forest land subject to development on the same day, and completed the registration of ownership transfer for the first priority priority of the maximum debt amount of KRW 1.3 billion, the debtor, the debtor, the mortgagee of the third priority agricultural cooperative of Sejong Central Agricultural Cooperative, the mortgagee and the mortgagee of the third priority of KRW 375,00,000,000, the debtor, the mortgagee of the second priority

After the first subdivision (as of April 20, 2012), after the second subdivision (as of September 13, 2012), G forest of 22,185 square meters G forest of 7,85 square meters, 7,335 square meters H forest of 2,950 square meters, 2,950 square meters K forest of 2,975 square meters and 190 square meters, K forest of 2,02,027 square meters and 2,027 square meters and 2,93 square meters and 298 square meters and 4,000 square meters of forest of 14,335 square meters and 2,975 square meters, and 2,027 square meters of forest of 2,98 square meters and 133 square meters, and 24,000 square meters of forest and forest of 21,2261,21,261,27,271, or 214.

On December 26, 2011, the Plaintiff entered into a sales contract with Defendant C and one other on December 26, 201, with the content that: (a) KRW 1200,05 square meters of forest subject to development (the area subject to indication of the drawings attached to the sales contract) among forest subject to development; (b) KRW 3305 square meters of forest subject to development (the area subject to indication of the drawings attached to the sales contract) KRW 15,500,000; and (c) KRW 3305 square meters of forest subject to development (the area subject to indication of the drawings attached to the sales contract) KRW 120,000,000,000

In each of the above sales contracts, the buyer has decided to succeed to the obligation to lend the right to collateral security established in each forest.

The drawings attached to a real estate sale contract.

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