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(영문) 대구지방법원 2015.11.12 2015나8061
소유권이전등기
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On January 24, 2006, the Plaintiff, N, and J concluded a real estate sales contract with the content that they purchase the entire share of F, B, C, H, and Defendant in the amount of KRW 106,150,000 (hereinafter “instant sales contract”) out of the amount of KRW 16,00,000 on the day of port E, Nam-gu E, Nam-gu, and the intermediate payment of KRW 30 million on the same year.

2.3. Any balance, 60,150,000 won for the same year.

2. The agreement was made to pay 23.

B. On March 13, 2006, the Nam-gu E 1,197 square meters was divided into each real estate listed in the separate sheet at the port of port.

(hereinafter referred to as “each real estate of this case” and when referring to one of the real estate listed in the separate sheet, hereinafter referred to as “instant real estate”).

Each real estate of this case was owned by F, B, the Defendant, C, and G, each of 4/26 shares, H, and 1/26 shares, respectively. The shares of G were transferred in the name of J on December 18, 2003 due to the sale by compulsory auction on December 5, 2003. The F shares were transferred in the name of the Defendant on May 14, 2010 due to the gift on May 12, 2010. The shares of B 6/26 shares among the real estate 2 of this case were transferred in the name of B on February 24, 2012 due to the consultation acquisition of public land on February 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion, N, and J concluded the instant sales contract with B, the Defendant’s agent, and purchased the Defendant’s share in the area of 1,197 square meters, Nam-gu E, Nam-gu, and N and J entrusted the Plaintiff with the authority to purchase shares. As such, the Defendant is obligated to implement the registration procedure for transfer of ownership on January 24, 2006 with respect to each of the instant real estate on the part of 10/26 square meters.

B. The Defendant’s assertion shall sell the Defendant’s share in the area of 1,197 square meters in Nam-gu E, Nam-gu at port.

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