beta
(영문) 의정부지방법원 2016.12.08 2015나57028

매매계약에 기한 소유권이전등기절차이행

Text

1. The plaintiff's main claim and the plaintiff's conjunctive claim are exchanged at the trial.

Reasons

1. Basic facts

A. On July 5, 2012, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the following occasions, a seller shall pay the Defendants and D sales contract (hereinafter “instant sales contract”): KRW 700,000,000 as the purchase price: KRW 200,000; the down payment of KRW 200,000; and the remainder of KRW 500,000 shall be paid on October 31, 2012. The cost of the transfer registration of ownership shall be borne by the purchaser. There is a separate special agreement for the buyer. The supply of land reclamation permission is based on a separate service contract between the buyer and the KBC C&C. The remainder and the remainder are extended at the time of completion of the reclamation permission on October 31, 2012. The main content of the sales contract is extended as follows.

B. On July 5, 2012, the Plaintiff paid the Defendants a down payment of KRW 200,000,000 to the Defendants. The Defendants received this and completed the registration of ownership transfer in the D future with respect to each real estate of this case.

Meanwhile, the Defendants completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) in the name of E for the purpose of securing the remainder claim amounting to KRW 500,000,000 against D on the same day.

In addition, the plaintiff completed the registration of the right to claim ownership transfer in the future to prevent D from arbitrarily disposing of each of the instant real estate on the same day.

C. However, the Plaintiff and D did not pay any balance, and the Defendants filed a lawsuit on August 2, 2013 against D based on provisional registration under the name of E.

In addition, in the process of the above lawsuit, E transferred the provisional registration of this case to the Defendants on March 26, 2014, and D received KRW 30,000,000 from the Defendants from the Defendants around that time, and agreed to provide the Defendants with the documents necessary for the registration of the transfer of ownership.

After that, D. D.