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(영문) 수원지방법원여주지원 2017.06.28 2016가합6650
소유권이전등기
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 202,223,708 against the Defendant (Counterclaim Plaintiff) and its amount from April 13, 2017 to June 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On April 19, 2013, the Plaintiff entered into an exchange contract with D with the content that the Plaintiff will pay KRW 400 million, equivalent to the difference in the value of each of the said real estate, to D, on the condition that the Plaintiff will exchange the 13th share of each of the 1/2 shares in the G of the Gyeonggi Pyeong-gun (hereinafter “Fri-gun land”) and D’s Busan Dong-gu G and H ground I hotel (hereinafter “instant hotel”).

On June 15, 2013, the Plaintiff and D concluded a modified exchange contract (hereinafter “instant exchange contract”) with only the shares owned by the Plaintiff as an object of exchange among the Friuri land on June 15, 2013. The main contents of the contract are as follows:

3. The plaintiff shall pay to D a sum of KRW 1.2 equity (e.g., KRW 1.355 billion in cash), the balance of KRW 330 million in the entertainment room, and KRW 1.78 billion in the entertainment room deposit.

Provided, That KRW 100 million shall be paid first by June 19, 2013.

For each person's convenience, the ownership transfer and provisional registration shall be made, and each person's documents shall be given and received.

5. D is subject to the transfer of Fri-party land owned by the Plaintiff [the maximum amount of KRW 500 million (the maximum amount of KRW 120 million) established on the real estate owned by the Plaintiff shall be either rescinded or paid to D under the Plaintiff’s responsibility. In the course of implementing the instant exchange contract, the Plaintiff decided to transfer the ownership of each of the 1/2 shares owned by the Plaintiff among the Fri-party land of KRW 22,922 square meters (hereinafter “C before division”) and J forest land of KRW 1905 square meters (hereinafter “J forest”). On June 26, 2013, the Plaintiff concluded a sales contract for the purchase price of KRW 1.5 billion (hereinafter “instant sales contract”) with the Defendant as to each of the above forests and fields, and completed the registration of the ownership transfer of each of the above forests and fields on the same day.

Before subdivision, C is the case with "not more than 1,461 square meters of woodland C in Gyeonggi-gun on August 14, 2013."

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