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Reasons
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(영문) 대전지방법원 천안지원 2018.12.19 2018가단106124
가등기의본등기절차이행청구
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1. Within the scope of property inherited from the network N to the Plaintiffs:

A. Defendant K is listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 2017, the Plaintiffs jointly owned each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) at the following ratio of shares, according to the sequences listed in the separate sheet No. 1 (hereinafter “Attachment No. 1”), and when referring to the entire real estate listed in the separate sheet, the Plaintiffs jointly owned the real estate at the following ratio of shares:

Real Estate Nos. 1, 2, 5, 7 of the instant case No. 3, 4 Real Estate No. 1 A1/5 2/5 2/5 2/5 2/5 3/5 3/25 3/25 3/40 4D 2/25 2/25 2/40 3/40 5/10 10 /10 10 / 10 10 / 10 10 / 10 / 10 7 G 1/20 / 20 / 20 / 208 H 2/20 / 20 / 208 / 209 I/209 / 201/201/40 / 2010.

B. On February 10, 2017, Plaintiff A signed a sales contract with the main content that: (a) the Plaintiffs sold each of the instant real estate to N in KRW 279,792,000; (b) N in the payment of KRW 20,00,00 as down payment on February 10, 2017; and (c) N in the payment of KRW 259,792,00 as the remainder payment on April 10, 2017. (b) N in the sales contract with the main content that: (a) N did not pay the remainder to the Plaintiffs by April 10, 2017.

On June 22, 2017, N prepared and delivered to the Plaintiffs a written waiver of contract stating that “N would waive the payment of the remainder to the Plaintiffs by June 29, 2017 and will not make a claim for the return of the established down payment of KRW 20,000,000.”

However, N did not pay any balance until June 29, 2017.

C. The change of a sales contract between N and the Plaintiffs around July 2017, paid 149,79,792,000 won to N as down payment until July 2017, and 149,79,792,000 won to the Plaintiffs. The Plaintiffs transfer ownership of each of the instant real estate to N before the remainder payment date to N before the remainder payment date, but if N fails to pay any balance, it will again complete the registration of ownership transfer for each of the instant real estate to the Plaintiffs, and for this purpose.

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