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(영문) 대전지방법원 서산지원 2018.12.18 2018가단52278
소유권말소등기
Text

1. The defendant,

A. As to each of the “divided part” in the attached Table 3’s “divided part” portion, with respect to the Plaintiffs’ share.

Reasons

1. Judgment on the grounds of claim

A. 1) On February 7, 2004, the Plaintiffs entered into a sales contract with the Defendant on January 5, 2002 for each of the real estates listed in the attached Table 1 (hereinafter “the entire land of this case”). On January 4, 2005, the Plaintiffs and the Defendant entered into a sales contract with the Defendant on February 4, 2005, for sale of each of 1/2 shares as to each of the real estates listed in the attached Table 1 (hereinafter “the entire land of this case”). On February 24, 2004 (hereinafter “the sales contract of this case”).

(B) On July 16, 2012, the Defendant filed a lawsuit claiming return of unjust enrichment of KRW 400 million against the Plaintiffs, claiming that the instant sales contract was rescinded or revoked, and the Plaintiffs filed a counterclaim claiming payment of KRW 500 million against the Defendant, asserting that the instant sales contract was valid. The Plaintiffs filed a counterclaim claiming payment of KRW 500 million against the Defendant.

[In the instant case, a decision in lieu of conciliation was made on September 14, 2013 (hereinafter “instant conciliation decision”), which became final and conclusive on September 14, 2013, the Defendant paid to the Plaintiffs KRW 350 million (one billion won until October 31, 2013), and KRW 250 million until February 28, 2014), and the Plaintiffs implement the procedure for the registration of ownership transfer to the land subject to sale.

3) After the instant conciliation decision, the Defendant agreed to sell the land subject to sale to a third party, and the G representing the Plaintiffs on November 29, 2013 to H et al. and H et al. (hereinafter “H et al.”).

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