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1. The Defendants are paid KRW 123,760 from the Plaintiff, and at the same time, each of the 67 square meters prior to the wife population D in Permitted-si to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendants completed the registration of ownership transfer on November 22, 1983 with respect to 1/2 shares in each of 67 square meters (hereinafter “instant real estate”) among the 67 square meters (hereinafter “instant real estate”).
B. On May 3, 2006, the Special Drawing Construction Co., Ltd. (hereinafter “Saelim Construction”) entered into a pre-sale agreement with the Defendants on May 3, 2006 with respect to the instant real estate, and completed the provisional registration of the right to claim a transfer of all co-owners’ share (hereinafter “the provisional registration of this case”).
C. On November 27, 2009, the non-party company completed the supplementary registration prior to the provisional registration of the right to claim transfer of ownership by reason of transfer of ownership on November 27, 2009 to the Plaintiff as the receipt of the same registry office No. 184739.
The Plaintiff filed the instant lawsuit seeking the implementation of the principal registration procedure based on the provisional registration of the instant case, asserting that the instant reservation was concluded by the delivery of a duplicate of the complaint of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant promise between the Plaintiff and the Defendants who acquired the contract of the non-party company was concluded on April 2, 2015, on the record that the Plaintiff’s delivery of a copy of the complaint of this case to the Defendants, which contained the intent to complete the contract, was the date on which the copy of the complaint of this case was served to the Defendants. Therefore, the Defendants are obliged to implement the procedure for the principal registration of ownership transfer on the grounds of the completion of the said promise
3. As to the defendants' simultaneous performance defense and judgment, the defendants simultaneously perform the above principal registration procedure at the same time with the payment of tax and public charges of 123,760 won imposed on the real estate of this case by the plaintiff. Thus, the non-party company and the defendants at the time of the promise to trade of this case are non-party.