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(영문) 인천지방법원 2018.07.06 2017가합50811

소유권이전등기말소등

Text

1. The Defendant’s KRW 64,668,367 to the Plaintiffs and 5% per annum from October 23, 2015 to May 10, 2018.

Reasons

1. Of each real estate sales contract listed in the separate sheet dated October 23, 2015 (hereinafter “instant sales contract”), the right to claim the return of the down payment [it is reasonable to view that the right to claim the return of the down payment, seeking the return of a part of the instant sales contract upon the cancellation of the contract, as an indivisible claim, is an indivisible claim, in light of the nature of the instant sales contract, the process of concluding the contract, and the process of performing the contract, as shown in the separate sheet, where the name of the purchaser was indicated as “non-party 1” in the instant sales contract (Evidence A) and only the Plaintiff was indicated as the joint name holder at the bottom of the contract, and the remaining purchaser was not identified, and the relationship between the buyers was not indicated. The Plaintiffs planned to purchase each real estate listed in the separate sheet and construct the building on the ground, and were aware of such circumstances in the seller’s side. Only a part of the instant sales contract was cancelled.”

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);