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(영문) 수원지방법원 2017.01.12 2015가단146015

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff

On July 13, 2006, the Plaintiff purchased 401 square meters in total from 6148 square meters of F forest land in Hungdong-gu from Defendant A, B, and C (hereinafter “Defendant A”) (hereinafter “the Plaintiff was divided into F forest No. 1287 square meters around February 8, 2007 and the land in this case”) at KRW 540 million (the evidence No. 1-1; hereinafter “the first sale”); and the Defendant Company jointly and severally guaranteed the obligations of Defendant A and 2 under the sales contract. On April 28, 2008, the Plaintiff purchased 70 square meters out of the instant land from Defendant A and 2, 150 million won in total (the evidence No. 1-2; hereinafter “the second sale”) and the Defendant Company carried out the sales contract outside the Defendant Company A and the joint and several liability of the Defendant Company A under the sales contract.

Defendant A and two others transferred ownership of 750.67 square meters among F land on April 19, 2007 to the Plaintiff, thereby performing part of the first sale. Defendant C transferred ownership of 324 square meters among the instant land on October 22, 2014, thereby entirely performing the second sale.

Even if the Defendant Company concluded the first and second sales contracts by acting as the Defendant Company and two others, since the Defendant Company and two others performed the whole or part of the first and second sales contracts as above, thereby ratification or statutory ratification, the first and second sales contracts are effective for Defendant A and two others.

The Plaintiff received only 1074.67 square meters of total 471 square meters (1557.02 square meters) (i.e., 750.677 m24 square meters) from a total of 471 square meters (i.e., 1557.02 - 107.67 m24) that the ownership of a lot of land remaining after the first sale (i.e., 482., 157.02 - 107

Therefore, the primary (in the case of the first sale, the obligation of Defendant A and two others to transfer ownership is indivisible) and the Defendant A and two others jointly, and the Defendant Company is jointly and severally with Defendant A and two others, and the Plaintiff is jointly and severally liable to perform the registration procedure for transfer of ownership based on the first sale as to the share of 482.35 percent of the land in this case.

Preliminary (in the case of Defendant A and two other parties' obligation to transfer ownership as a result of the first sale), Defendant A and B.