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(영문) 서울중앙지방법원 2019.01.23 2017가단5206260
부동산매매계약무효 및 토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related thereto from November 21, 2017 to January 23, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 20, 2012, the Defendant concluded an agreement with the Plaintiff to purchase the land of this case (hereinafter “the forest of this case”) for KRW 145 million, and entered into a contract with the following terms (hereinafter “the instant sales contract”). On September 20, 2012, the Defendant paid KRW 95 million, excluding the remainder of KRW 50 million per the instant sales contract, to the Plaintiff. On September 21, 2012, the Plaintiff completed the ownership transfer registration for the forest of this case (hereinafter “the instant transfer registration”).

1. The parties concerned shall trade the forest land of this case on the present state and shall not raise any objection to the matters related to real estate, such as increase or decrease in the trading method or area;

2. As to the instant forest land building, the Plaintiff filed a lawsuit for removal on behalf of the Defendant and obtained a final judgment. The Defendant shall pay to the Plaintiff the remainder amount of KRW 29,286,000,00, which is limited to KRW 20,714,00,00,000 on the land above, out of the remainder of KRW 1,000,000.

(Provided, That when the establishment of a mortgage is terminated at the time of a final and conclusive judgment, the full amount of KRW 50,000,000 shall be paid simultaneously with the final and conclusive judgment).

On the other hand, at the time of the instant sales contract, ① the forest of this case was indicated as 9 square meters in its public record, and ② on March 9, 2010, the registration of the establishment of a mortgage (hereinafter “the creation of a mortgage”) in the vicinity of KRW 29,286,00,00, which is the owner of the non-party D debtor law firm, was completed by the Suwon District Court (hereinafter “the creation of a mortgage”) under Article 19847, which was received from the Suwon District Court, the area of the forest of this case was indicated as 9 square meters in its public record, and ③ on the part of KRW 7 square meters on the ground, there was a ground building in the name

C. Upon the Plaintiff’s request, the Defendant: (a) April 4, 2014; and (b) the same year.

7. 16.

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