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(영문) 서울동부지방법원 2020.01.21 2019가단113735

소유권말소등기

Text

The defendant shall pay 47,00,000 won to the plaintiffs and 5% per annum from January 12, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 14, 2002, the title trust F clan with the plaintiffs (hereinafter "the clan") purchased 2,981 square meters from G and one parcel other than G on October 14, 2002, and registered the title trust registration with the plaintiffs who are real estate brokers, and delegated H with the management affairs, such as the lease of each real estate.

In 2007, the clan built a new building on the ground by dividing 592 square meters from the G land.

B. On January 13, 2016, the Defendant’s real estate purchase and construction business (1) concluded a sales contract with the Plaintiff and one other on January 13, 2016, setting the purchase price of KRW 800,000,000 for the purchase price as well as the J, K, L, M, and total of KRW 3,306 square meters.

After that, on May 27, 2016, I requested the plaintiffs to change the purchaser, and the plaintiffs prepared a modified contract to change the purchaser to Defendant, N,O, and P on May 27, 2016, and the defendant, N,O, and P completed the registration of ownership transfer on the above real estate on June 16, 2016.

(2) The Defendant, who was planning to newly construct and sell multi-household housing on the land of the Haju-si (hereinafter “K”), was seeking to obtain permission to occupy and use part of the Q Q land adjacent to the said land, but it was impossible to secure six meters in width of the road, and thus, requested the Plaintiffs to obtain permission to use part of the R land of the Haju-si (hereinafter “R land”).

After the subdivision, the land category of the land owner changed after the subdivision 1 K was divided into three roads (3) Defendant, N, P, and P, and C, the Defendant, three of which, on September 1, 2016, were divided into the following table, and completed the registration of ownership transfer on each parcel of land on September 7, 2016, as recorded in the owner’s column, as shown in the following table, as if the land category was entered in the owner’s column. On September 12, 2017, the registration of ownership transfer on each parcel of land was completed on the ground of co-owned property partition on each parcel of land as recorded in the owner’s column, and on September 12, 2017, the land category of the land category changed as indicated in the following table was changed to each road.

(c) A sales contract for each real estate listed in the separate sheet 1.