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(영문) 대전지방법원천안지원 2016.10.25 2016가단6954

소유권이전등기절차이행

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1. The Defendant is limited to the Plaintiff’s sale on June 5, 2014 with respect to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the E’s wife who operated a restaurant in the mutual middle of D’s trade name in Seoan-gu, Seoan-gu, Seoan-gu, Incheon (hereinafter “instant restaurant”), and the Defendant was the F’s wife, who was divorced on or around September 2015.

B. On June 5, 2014, E transferred all assets, such as the right to claim for the return of lease deposit, goodwill, etc., of the instant restaurant to KRW 230,000,000 among the transfer proceeds. Of the transfer proceeds, KRW 150,000,000, the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant was transferred as a substitute in lieu of the payment, and the remaining purchase proceeds of KRW 80,00,000,000, the remainder of the sale proceeds of KRW 1,000,000 after the acquisition of the instant restaurant and commencement of the business (hereinafter “instant transfer agreement”).

C. Accordingly, on June 5, 2014, the Defendant concluded a real estate sales contract between the Plaintiff and the Plaintiff for the purpose of transferring ownership on June 6, 2016 (hereinafter “instant sales contract”).

E filed a report on the closure of business on June 12, 2014, and delivered the instant restaurant to the Defendant. On June 9, 2014, the Defendant entered into a new real estate lease agreement with the lessor G of the instant restaurant, setting the lease deposit amount of KRW 20,000,000, and the lease term of KRW 20,000, and from June 8, 2014 to June 7, 2016, the Defendant operated the instant restaurant under the name of the Defendant until July 1, 2016 after completing the business registration of the instant restaurant.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the instant real estate to the Plaintiff.