소유권이전등기
1. The Defendant purchased and sold to the Plaintiffs on June 9, 2017 with respect to each/2 share of 1/2 of D forest land 172,165 square meters, respectively.
1. According to Gap evidence No. 1, Gap evidence No. 2-1, and evidence No. 4-1, and No. 4-3 as to the cause of the claim, the plaintiffs purchased from the defendant on June 9, 2017 the amount of KRW 172,165 square meters of D forest land owned by the defendant (hereinafter "the real estate of this case") for KRW 110 million. The defendant entered into a sales contract with the defendant on June 13, 2017 with the purport that the plaintiffs deliver all documents necessary for the registration of transfer of ownership to the plaintiffs and cooperate in the registration procedure (hereinafter "the sales contract of this case"). The plaintiffs may recognize the fact that the defendant remitted the purchase price of KRW 110,000,000 as stipulated in the sales contract of this case to the bank account of the defendant on June 13, 2017.
Therefore, barring special circumstances, the defendant is obligated to implement the procedure for the registration of ownership transfer of the real estate of this case to the plaintiffs as stipulated in the sales contract of this case. In the event that several persons jointly purchase real estate, the joint purchaser shall own the real estate according to shares and the co-owner's share is presumed to be equal (Article 262 (2) of the Civil Act). Thus, the defendant is obligated to implement the procedure for the registration of ownership transfer for each one-half share of the real estate of this case to the plaintiffs.
2. Judgment on the defendant's defense
A. The gist of the Defendant’s defense that the Defendant’s oral agreement between the Plaintiffs and the Defendant is KRW 230,000,000,000 that the Defendant and the Plaintiffs agreed to set the purchase price of the real estate of this case at KRW 230,000,000, but thereafter, they agreed to set the amount at KRW 28,000,000,000,000.
The sales contract of this case was signed between the plaintiffs and the defendant to prepare a contract by stating the price lower than the actual sales price of the real estate of this case.