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(영문) 울산지방법원 2018.05.31 2017나24311
소유권이전등기절차이행
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 31, 2011, the registration of ownership transfer was completed on the ground of “transaction on April 22, 2011,” among the 1,229 square meters in Ulsan-gu, Ulsan-gu H 1, the Defendant, on May 31, 201.

B. On March 26, 2012, the foregoing H field 1,229 square meters (hereinafter “land before division”) is “F land after division” with H field 614 square meters or less (hereinafter “H land after division”) and F field 615 square meters or less.

B) The land before the division was divided into a land as a land substitution area prior to the division of the said land pursuant to the O-O land readjustment project for the said land. Detailed details on the division of the said land and the designation of the land substitution area are as listed in the table below. After the division on March 26, 2012, the register (the previous land substitution area) registry (the previous land substitution area) registry (the previous land substitution lot registry) registry (the land substitution register) registry (the land substitution register (the previous land) registry (the land substitution register (the previous land) registry (the Nowon-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul Metropolitan City, e.g., 1,229 square meters, Gaz. 1,229 square meters, Y-gu, Y-gu, Y-gu, f14 square meters and f1/44 square meters of 292.7 square meters, the land before the division was completed

C. On April 17, 2012, the Plaintiffs entered into a real estate sales contract (hereinafter “instant sales contract”) with G on behalf of the Defendant, indicating the subject matter of real estate sale as “2.7 square meters of H site 585.4 square meters in Ulsan-gu, Ulsan-gu, Seoul-do, 201,” and concluded a real estate sales contract with the following terms:

(A) In the sales contract, the buyer is indicated as “Plaintiff C and one other, but the actual buyer is the plaintiffs.” On April 17, 2012, the date of the sales contract: seller E (Defendant) and one representative G buyer: The location of land in Ulsanbuk-gu: The area of land: 468,000,000 won (the contract amount of KRW 50,000,000,000,000 for the contract amount of KRW 418,00,00,000): Three (G, I, and J).

The Plaintiffs paid the full purchase price stipulated in the instant sales contract, and the Defendant divided the Plaintiffs on December 7, 2015, and completed the registration procedure for ownership transfer as to shares of 1/8 of H’s land.

[Ground of recognition] Unsatisfy, Gap 1 to 6 evidence respectively.

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