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(영문) 창원지방법원 2020.09.24 2019나66702

소유권이전등기

Text

The judgment of the first instance shall be revoked.

The defendant shall share 1/3 of each real estate listed in the separate sheet to the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) shares 1/3 of each of the real estate listed in the separate sheet (hereinafter “instant real estate”), and the Appointed B shares 2/3 of the instant real estate.

B. On December 4, 2018, Plaintiff (Appointed Party) and Appointed B (hereinafter “Plaintiffs”) did not dispute the Defendant on the fact that the sales price of the instant real estate was KRW 140 million on the sales contract (Evidence A2) of this case, but that the sales price was KRW 140 million on the sales contract of this case, and KRW 140 million on the sales price was KRW 100 million between the parties.

As such, a contract was concluded to sell the remaining payment date on December 28, 2018 (hereinafter “instant sales contract”). The transfer income tax on KRW 90 million out of KRW 100,000,000, which is the purchase price under the instant real estate sales contract, was agreed to be borne by the Defendant, respectively.

C. On December 12, 2018, the Plaintiffs received the remainder of the purchase price, excluding the remainder of KRW 30 million, from the Defendant, and issued documents necessary for the registration of transfer of ownership to the Defendant. On the same day, the Defendant completed the registration of transfer of the entire shares of co-owners under receipt No. 5424, Dec. 12, 2018, with respect to each of the instant real estate, as to the shares of the Plaintiffs, from among the instant real estate.

On January 23, 2019, when the Defendant did not pay the remainder of the purchase price of this case, the Plaintiffs filed an application for provisional seizure of the instant real estate with the Defendant as KRW 30 million [the Plaintiff (Appointed Party)’s claim against the Defendant, KRW 10 million, KRW 20 million, KRW 30 million, KRW 20 million, KRW 10,000, KRW 20,000, KRW 2000, KRW 10,000, KRW 10,000, KRW 200, KRW 200,000] (the Changwon District Court Jin-gu Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2019Kadan1085), and the said court completed the registration of provisional seizure (hereinafter “registration of provisional seizure”).

E. The Plaintiffs on June 21, 2019.