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(영문) 대전고등법원 2015.09.23 2014재나99
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court.

On November 11, 2010, the Plaintiffs filed a lawsuit against Defendant C’s clan (hereinafter “Defendant C’s clan”) and nine persons, including D, who are their members, for the registration of ownership transfer with the Seosan Branch of Daejeon District Court 2010Kahap2540, which is the cause of the claim as follows.

1) The plaintiffs, around January 16, 2008, enter into the following agreements with the defendant clan, each of the lands listed in the separate sheet, which is owned by the defendant clan (hereinafter referred to as "each of the lands of this case").

(2) On January 16, 2008, the plaintiffs entered into a contract with the defendant clan to purchase the land recognized as owned by the defendant clan from each of the land of this case. Since each of the above land was confirmed to be owned by the defendant clan through the lawsuit, nine members including the defendant clan and D (the remaining Defendants of the decision subject to the decision subject to the decision, who was entrusted by the defendant clan with the name of some of the land of this case from the defendant clan) have the duty to implement the procedure for the registration of ownership transfer for sale on January 16, 2008 to the plaintiffs. 2) Selective and preliminaryly, the plaintiffs are obligated to purchase each of the land of this case, which is, the following trade reservation between the defendant clan and the defendant clan on January 16, 2008, when the lawsuit on each of the land of this case, which is owned by the defendant clan, the plaintiffs would purchase the land recognized as owned by the defendant clan from the defendant clan on each of the above land, so the plaintiffs' purchase price of each of the defendant clan became final as owned by each of this case.

In addition, nine members of the defendant clans and D shall receive KRW 1,297,520,00 from the plaintiffs.

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