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(영문) 대구지방법원의성지원 2016.05.04 2015가단1316

소유권이전등기 등 청구의 소

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1. The Defendants are paid KRW 166,00,000 from the Plaintiff and Defendant B entered in [Attachment 7].

Reasons

1. Facts of recognition;

A. Defendant B owns the real estate listed in the separate sheet Nos. 7; Defendant C owns the real estate listed in the separate sheet Nos. 2, 4, and 6; and Defendant D owns each real estate listed in the separate sheet Nos. 1, 3, and 5.

B. On June 18, 2015, the Plaintiff entered into a sales contract for each of the real estate listed in the separate sheet (hereinafter “instant sales contract”) with Defendant C and D as delegated by Defendant B on June 18, 2015, and drafted a contract with the effect that “the purchase price of KRW 410 million was received at the time of the contract” among “the purchase price of KRW 410 million” and “the payment of KRW 390 million to July 5, 2015” (Evidence 2).

C. At the time of the above contract, the Plaintiff paid the Defendants the down payment of KRW 21 million. On June 26, 2015, the Plaintiff wired KRW 20 million to the Defendants. The Defendants and the Defendants acquired KRW 163 million as collateral obligations and the deposit obligations of KRW 40 million, totaling KRW 23 million as collateral obligations and the deposit obligations of KRW 40 million, which are established on each of the said real estate, in lieu of the payment for part of the remainder amount equivalent to the same amount.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Eul evidence 8, witness E's testimony, purport of whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Plaintiff purchased each of the real estate listed in the separate sheet from the Defendants on June 18, 2015, from the purchase price of KRW 410,00,000,000, barring any special circumstance, the Defendants, as sought by the Plaintiff, have the obligation to perform each of the real estate listed in the separate sheet No. 7 as to the real estate listed in the separate sheet No. 166,00,000 (i.e., KRW 41,00,000) from the Plaintiff as requested by the Plaintiff (i.e., KRW 41,00,000).

3. Judgment on the defendants' assertion

A. The defendants' assertion 1.