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(영문) 창원지방법원진주지원 2019.11.14 2018가단37365

소유권이전등기

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1. The defendant shall pay to the plaintiffs each share stated in the separate sheet among each real estate listed in the separate sheet (1).

Reasons

1. Facts of recognition;

A. On October 21, 2004, E sold to F real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) at KRW 13,000,000, the purchase price was determined and sold to F.

(E) The sales contract entered into between E and F with respect to the instant real estate is under the following:

E died on February 19, 2007.

E Co-inheritors agreed on the division of inherited property with the sole possession of the instant real estate, and the Defendant completed the registration of ownership transfer on April 5, 2007.

C. The F died on June 22, 2011.

Plaintiff

A is the spouse of F, and the plaintiffs B and C are the children of F, and the plaintiffs inherited F's property at the ratio of shares listed in attached Form 2.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings

2. Determination E on the primary cause of claim sold the instant real estate to F on October 21, 2004.

However, after the purchase and sale contract of this case, the defendant succeeded to the status of the seller of E, and due to the death of F, the plaintiffs succeeded to the status of F purchaser.

Therefore, the defendant, who is the heir of E, is obligated to implement the registration procedure for transfer of ownership on October 21, 2004 with respect to each share listed in the separate sheet among the real estate of this case, to the plaintiffs, who are the heir of F, as stated in the separate sheet.

3. Judgment on the defendant's assertion

A. (1) Whether the instant sales contract was rescinded or not, the Defendant’s assertion F did not pay KRW 13,00,000 for the instant real estate. E concluded the instant sales contract with F, but F did not cooperate in completing the registration of ownership transfer because F did not perform the contractual terms. Therefore, the instant sales contract was rescinded as buyer F’s nonperformance. (2) The Defendant’s determination on November 22, 2018, based on the reasons that the payment was not paid.