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(영문) 수원지방법원평택지원 2020.11.26 2019가합12277
소유권이전등기
Text

All of the plaintiffs' lawsuits against defendant G are dismissed.

2. All of the plaintiffs' primary claims against defendant E and F.

Reasons

1. Basic facts

A. On February 24, 2017, Defendant E and F entered into a sales contract with H to purchase KRW 637/1,000 (2,319.5 square meters) out of H’s respective shares of the instant land (a total area of 10,924 square meters) from H, the owner of each of the instant land (a total area of 10,924 square meters), for KRW 2.442,80 million. On February 19, 2018, Defendant G, the owner of each of the instant land, intended to purchase all of the instant shares of Defendant G from Defendant G to purchase KRW 28/294,00,000 from each of the instant land (a total area of 10,924 square meters), and entered into a sales contract with the following contents:

(hereinafter “The First Sale Contract”). The down payment of KRW 120 million out of the purchase price of KRW 1.243 billion shall be paid and received at the time of the contract. The remainder KRW 1.1223 million shall be paid and received at the time of the contract. The payment shall be made on September 20, 2018.

A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the purchaser in the registration, and the delivery date of the said real estate shall be September 20, 2018.

At the same time as the special agreement is entered into, the suit for the claim for the jointly owned property shall be entrusted to the I who represents the buyer, and the seller shall provide all the documents in good faith and actively cooperate.

Provided, That the costs of lawsuit shall be borne by the purchaser.

The seller and the buyer shall not exercise the right of rescission on the basis of the down payment, due to the partition of co-owned property, and if the partition of co-owned property is completed, the balance shall be paid within one month, and if the adjustment of co-owned property is confirmed even before the remainder deadline

B. On April 3, 2018, the Plaintiffs concluded a sales contract with Defendant E and F to purchase 400 square meters (1,322.32 square meters) from part of each of the instant land purchased by the said Defendants from H and Defendant G for KRW 2.4 billion, and entered into the following terms and conditions:

(hereinafter “the instant secondary sales contract”). Of the sales amount of KRW 2.4 billion, the down payment of KRW 240 million shall be paid at the time of the contract, and the remainder of KRW 2.16 million shall be governed by a special agreement.

The seller is required to register the transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price.

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