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(영문) 대전지방법원 2020.11.19 2019가단21214

소유권이전등기 인수

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The Defendants trade 1/2 shares of each of the real estate listed in the separate sheet from the Plaintiff on February 18, 2018.

Reasons

Claim against Defendant C

(a) The part of the grounds for the attachment of the claim against the above defendant is as stated in the attachment of the claim.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as one person);

2. Claim against the defendant B

A. In full view of the purport of the entire pleadings as a whole, the Plaintiff and the Defendants’ respective real estate listed in the separate sheet owned by the Plaintiff on February 18, 2018 (hereinafter “each of the instant real estate”).

(2) As to the registration of real estate in this case, the Defendants concluded a sales contract to sell each of the real estate in this case on the condition that the Defendants would pay the Plaintiff the purchase price of KRW 60 million until March 30, 2018, and Defendant B did not complete the registration of transfer of ownership with respect to each of the real estate in this case by the closing date of pleadings, and the Plaintiff is a person who received full payment of KRW 60 million from the Defendants in the complaint in this case. In principle, the registration of real estate in this case shall be applied jointly by the registration obligee and the registration obligor (Article 28), while the registration of real estate in this case shall be applied jointly by the registration obligee and the registration obligor (Article 28) and Article 29 shall be applied solely by the registration obligor or the registration obligor (Article 29). In addition, the above law provides that the registration of real estate in this case may be applied solely by the registration obligor, other than the registration obligee and the registration obligor may be exempted from liability by deposit, but the obligor cannot use this method in relation to claims and obligations related to registration.