약정금
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
1. Although the court of first instance rejected and dismissed the part of the plaintiffs' primary claim, the part of the claim for return of unjust enrichment was appealed only by the defendant. The above part of the claim for return of unjust enrichment is excluded from the scope of the judgment of this court.
Therefore, the scope of this court's judgment is limited to the plaintiffs' primary claims for ownership transfer registration and preliminary claims.
2. Facts of recognition;
A. On May 27, 1996, the motherJ and the plaintiffs' mother completed the registration of transfer of ownership based on the gift made on May 20, 1996 by Suwon District Court No. 4752, which received from Suwon District Court for one-fourth share of 1/4 of the forest E 26,325 square meters (hereinafter “the forest of this case”).
B. On May 6, 2008, the Plaintiffs sold 3/4 of the shares owned by the Plaintiffs among the instant forest land located within the land transaction permission zone at the time when I was designated. However, without obtaining land transaction permission regarding the said sale contract, the Plaintiffs set up a collateral security in the name of a third party to resell the said shares, and made a registration of transfer of ownership to the seller through the auction procedure. The Plaintiffs, the buyers, and the buyers, “I et al.,” prepared a sales contract with the following terms and conditions (hereinafter “the instant sales contract”), and I paid the Plaintiffs a total of KRW 1,180,000,000 as the purchase price.
2.In the sale of the above real estate in Article 2 of the terms of the contract, the sales amount shall be paid as follows:
In the event of a contract for purchase price of KRW 1,300,000 for down payment of KRW 200,000 for down payment of KRW 200,000 for intermediate payment of KRW 400,000 for intermediate payment of KRW 400,000 for August 8, 2008, the seller shall faithfully provide the seller with all the essential actions necessary for the creation of collateral mortgage and the transfer of ownership until the title of Article 8 is transferred.
Article 9 The remaining date of payment shall be determined by mutual agreement thereafter.
C. Since then, the forest of this case is included.