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(영문) 서울중앙지방법원 2016.12.20 2015가합545086
소유권이전등기
Text

1. At the same time as receiving KRW 3,270,000 from the Plaintiff:

(a) As to the land listed in Annex 1 List 1, 1.

Reasons

1. Basic facts

A. Defendant A is the owner of the real estate listed in attached Table 1 List 1 (hereinafter “instant land”), and Defendant B is the owner of the real estate listed in attached Table 1 List 2 (hereinafter “instant building”); and Defendant B is the owner of the instant real estate including the instant land and buildings.

On September 24, 2013, the provisional registration of the right to claim ownership transfer under the name of Defendant C Co., Ltd. (hereinafter “Defendant C”), which was based on the promise to sell and purchase the instant land on the same date, was completed, and the provisional registration of the right to claim ownership transfer under the name of Defendant D, which was based on the sales contract on the same date as of April 2, 2010, was completed.

(hereinafter referred to as the above defendant C and D's each provisional registration of this case, including the provisional registration of the right to claim transfer of ownership in each name of the defendant C and D.

On March 13, 2015, the Plaintiff concluded a sales contract with the Defendants to purchase the instant real estate in total of KRW 6.1 billion (hereinafter “instant sales contract”).

C. Upon entering into the instant sales contract, the Plaintiff and the Defendants determined to pay the down payment amount of KRW 600 million on the date of the contract, the intermediate payment of KRW 1.5 billion on March 19, 2015, and the remainder of KRW 4 billion on May 29, 2015 (Article 1). As to the succession of rights and obligations, the Defendants determined that the Defendants shall remove the defects and charges, etc. of the instant real estate from the date of the payment of the remainder and transfer the full ownership to the Plaintiff by taking into account (Article 2) and the current status of the instant real estate in consideration of the following: (a) there is a reason to restrict the exercise of ownership, such as a mortgage and superficies; or (b) there is a default on taxes, public charges, etc., fines, fines, and charges, etc. on the part of the Plaintiff

Article 13 (Matters of Special Agreement) (1) A sale contract is entered into under the present structure. (2) The defendants shall have the right to claim the transfer of ownership registered under the name of defendant D and C on the present real estate.

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