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(영문) 광주지방법원 2017.11.16 2017가합54802

소유권이전청구권가등기에기한본등기청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 28, 2016, Defendant C and Defendant C promised to sell to the Plaintiff each land listed in Schedule A through 6 (hereinafter “instant land No. 1”) and the room listed in Schedule A(7) of the same Table on the ground (hereinafter “instant building”) as the price for KRW 2,387,711,590, and completed provisional registration. The said price was paid on the same day (hereinafter “first purchase reservation”). However, Defendant C concluded a trade reservation with the content that the said price would be paid in full on the same day.

B. On December 28, 2016, Defendant D promised to sell to Plaintiff B and Plaintiff B the land listed in [Attachment 8 through 13 (hereinafter “instant land”) and the greenhouse listed in Annex 14 (hereinafter “each of the instant buildings” in combination with the instant building and the instant building) on the ground to KRW 2,595,840,045, the provisional registration was completed, with a promise to sell the land for KRW 2,595,840,045 (hereinafter “each of the instant buildings”) and the said price was paid on the same day (hereinafter “instant promise to sell the instant land”). In addition to the first promise to sell the instant land, Defendant D entered into a trade promise with the content that the said price would be paid on the same day (hereinafter “the instant promise to sell the instant land”).

C. Defendant C completed, on December 28, 2016, the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) against Plaintiff A on December 28, 2016, as the Circuit District Court, No. 24546, and Defendant D completed, on December 28, 2016, the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case No. 2”) was issued against Plaintiff B on December 28, 2016, as the receipt of No. 24547 of the Circuit District Court, as to the land and building of this case No. 2. 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including branch numbers where there are branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. The plaintiffs are copies of the complaint of this case against the defendants.