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(영문) 인천지방법원 2016.10.07 2016나51439

매매대금반환

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On December 24, 2010, the Defendant received a provisional disposition on the ground that the registration of preservation in the E and F name related to the instant real estate was null and void as the right to claim the cancellation registration on the ground that the registration of preservation in the E and F name is void, and received a decision of prohibition of disposal as the Daejeon District Court Branch Branching 2010Kahap150. According to the above provisional disposition decision, the registration of provisional disposition was completed as of December 24, 2010 by the Daejeon District Court Branching Registry of the Daejeon District Court No. 18485.

B. Since March 18, 2011, the Defendant filed a lawsuit for the cancellation of ownership registration against E and F, etc. under the Daejeon District Court Branch of Seosan Branch of Daejeon District Court 201Da1302 (hereinafter “related cases”), and on March 28, 2011, the pre-announcement registration of cancellation of preservation registration in the E and F name was completed on the ground that the instant real estate was brought for the pertinent case.

C. On February 14, 2012, the Plaintiffs purchased the instant real estate from the Defendant in KRW 70,000,000 (hereinafter “instant sales contract”), and the special terms and conditions of the said sales contract are as follows.

It is necessary to register the land (forest) land at the same time as a clan at the time of final and conclusive judgment of 2012 high-level case number 7.

At present, 4m wide roads will be expanded.

The buyer (Plaintiff A) shall obtain permission when his/her name is registered in the name of a clan, and a clan shall cooperate and make a leave at the same time as the transfer of name is permitted.

On September 13, 2012, when the relevant case is in progress, E and F drafted a certificate and written agreement stating that “A, a purchaser, shall implement the procedures for the registration of ownership transfer of the instant real estate in the future of the Plaintiff A” with the Defendant.

E. Since then, Plaintiff A completed the registration of ownership transfer as to the instant real estate under the Daejeon District Court’s Branch Office No. 13243, Sept. 20, 2012, on the grounds of sale and purchase as of August 27, 2012. The Defendant was fully paid KRW 70,000,000 from the Plaintiffs.

F. Plaintiff A shall be the Defendant on January 10, 2014.