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(영문) 부산지방법원동부지원 2015.08.19 2014가단5892
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiffs, who jointly owned by the Defendants, agreed to purchase 1,163 square meters of four lots of land, including 10,58 square meters of H-gun in Busan, Busan, and 462 square meters prior to I, J Forest, 261 square meters, and 1,163 square meters of land, including 13,448 square meters prior to K. On August 27, 2012, the Plaintiffs drafted a sales contract with Nonparty L, stating that the sales price of the said 1,163 square meters of land is to be paid on January 15, 2013 (hereinafter “instant sales contract”), and that the seller shall be paid on the sales price of the said 1,163 square meters of land as the seller’s agent.

B. Upon L’s request for further purchase of an additional 55 square meters, the Plaintiffs decided to purchase the total amount of 407 square meters owned by the Defendants at KRW 1,424,50,000, and decided to purchase the said amount at KRW 3.5 million per square.

C. On June 20, 2013, part of the instant H forest was divided into KRW 10,558 square meters, and KRW 1,007 square meters of forest land and KRW 1,402 square meters of forest land, respectively, and 153 square meters of 462 square meters prior to the said I was divided into P.

Accordingly, the Plaintiffs: (a) determined the subject matter to be traded with L around March 2014 as ① 30 square meters among the shares of Defendant C in Q2,261 square meters; (b) 301.34 square meters, the entire shares of Defendant C with respect to N forest 1,007 square meters; and (c) 352.83 square meters, each of the shares of Defendant D and Defendant E Co., Ltd; and (b) determined as 103 square meters, each of the shares of Defendant C, Defendant F, and Defendant G with respect to 309 square meters before I, respectively (attached Form 2,261 square meters; hereinafter “instant real estate”); and (b) determined as the period of registration of ownership transfer.

E. On August 27, 2012, the Plaintiffs paid L, the sum of KRW 900,000,000 to L from October 22, 2012 to February 22, 2013, including the payment of KRW 120,00,000 as down payment, and the remainder of KRW 524,50,000 from February 24, 2014, the Plaintiffs offered performance to the attorney-at-law.

F. The non-party S is the father of T representative director of Defendant E, and the non-party U is the father of Defendant D, F, and G.

[Reasons for Recognition] There is no dispute;

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