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(영문) 인천지방법원 2015.06.24 2014가합4923
가등기에 기한 본등기절차이행청구
Text

1. The defendant shall receive KRW 250,000,000 from the plaintiff, and at the same time, shall be each real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, on June 25, 2009, purchased from C, D, and E the obligation of 3.3 billion won (agricultural cooperative KRW 3 billion, KRW 3.3 billion, and KRW 1.1 billion, on the condition that the Plaintiff would pay on June 25, 2009, the land for the instant cartel and the instant cartel and the land for 4.7 square meters (hereinafter collectively referred to as the “instant cartel and the land for 5 parcels”) of the Nam-gu Incheon Metropolitan City L, M, and N, and 54.7 square meters of the land for the instant cartel and the instant cartel and the land for 5.7 square meters (the total of the instant cartel and the land for 5 parcels; hereinafter referred to as the “instant cartel, etc.”).

B. At the time, registration was made in the name of C and D with respect to each one-half of the instant cartels, and the provisional registration for the claim for share transfer was made with respect to D 1/2 shares in the name of E, children, but in fact, the said three persons (hereinafter referred to as “original owners”) operated the instant cartels jointly at the same time.

C. After that, on July 28, 2010, the Plaintiff entered into an exchange contract with the Defendant’s Dong-J (hereinafter “Defendant”) representing the Defendant in the presence of the original owner, on the part of the original owner, on which the Plaintiff had not completed the registration of ownership transfer under the name of the Plaintiff, on the instant Moel, etc. as indicated in the separate sheet owned by the Defendant, and on five parcels of real estate, 917 square meters and five lots of real estate owned by the Defendant, Gyeongcheon-gun, Gyeongcheon-gun, the Defendant acquired the above loan obligation, and the Defendant shall additionally pay KRW 500 million to the Plaintiff (hereinafter “instant exchange contract”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 (including Serial number; hereinafter the same shall apply) through 3, Eul's 1 through 4, the purport of the whole pleadings and arguments

2. According to the above facts of recognition as to the cause of the claim, the defendant is liable to the plaintiff for each of the real estate stated in the attached list.

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