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(영문) 서울고등법원 2020.10.13 2019나2055898

소유권이전등기

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1.The judgment of the first instance, including the third preliminary claims with the order changed in the appellate trial, shall be changed as follows:

Reasons

1. A sales contract (No. 1; hereinafter “sales contract”) containing the following phrases in the name of the Plaintiffs and the Defendant.

The defendant purchaser, the defendant, and the plaintiffs of the above real estate shall sell and share the above real estate in accordance with the following specifications of the real estate indicated in attached Table 1 (hereinafter referred to as "multi-family house").

Article 1 (Sale Price and Co-ownership of Real Estate) The Defendant and the Plaintiffs shall share shares in buildings and land as shown in the attached Table 3, and the Plaintiffs shall pay the purchase price for each of their shares to the Defendant.

In addition, each household interior construction cost, etc. directly paid by the plaintiffs during the construction period of a building, is appropriated for the purchase price.

However, the ownership ratio of each party's real estate (building and land) shall be the same as the share ratio of land.

July 5, 2015 / [Grounds for recognition] Class A 1 (real estate sale and purchase and co-ownership contract) and the purport of the whole pleadings.

2. Claim for the transfer registration as the primary claim and the third preliminary claim for the transfer registration of shares;

A. Party’s assertion 1) The Plaintiffs are the Plaintiffs in a sales contract (No. A. 1, the same hereinafter).

(1) Upon drawing up a statement to the Defendant, the unit of housing and land shares (hereinafter referred to as “house shares”) as shown in attached Table 3 shall be referred to as “house shares” in total.

A sales contract to purchase was concluded, and after full payment of the purchase price was made in accordance with the sales contract, the defendant notified the defendant to register the transfer of the relevant housing portion.

Nevertheless, the defendant actively denied the conclusion of a sales contract and expressed his/her intent to refrain from the transfer of shares to the plaintiffs. Moreover, the defendant puts harm and intimidation to the plaintiffs to the extent that the plaintiffs are unable to reside in the relevant housing area.

This is the defendant.