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(영문) 수원고등법원 2020.08.19 2019나17863
소유권이전등기
Text

This Court added, expanded, or modified claims against Defendant B and added, expanded, or expanded to Defendant E.

Reasons

Basic Facts

The reasons why this Court is stated in this part are as follows: (a) the following is added to paragraph (e) and the evidence Nos. 5 (Evidence No. 19 is the same as evidence No. 5-2) is added to the ground for recognition; and (b) the relevant part of the reasoning of the first instance judgment is as follows.

(The main text of Article 420 of the Civil Procedure Act). “The road section of this case was registered as sharing shares in the share ratio of 835/990 square meters (V at the time of the contract for the road section of this case) of 990 square meters of Linsung City.”

() On May 15, 2017, the Plaintiff was divided into the real estate indicated in paragraph (7) of the attached Table 835§³ and the real estate indicated in the real estate list. On February 19, 2020, the land category was changed to the land site on February 19, 2020, and among which, on April 22, 2020, the registration of the transfer of shares in the name of V was completed for the reason of the mutual title trust termination on April 22, 2020. Of the real estate listed in paragraph (7) of the attached Table 7, the registration of the transfer of shares in the name of Defendant B was completed on April 835/90 on April 22, 2020 for the real estate listed in the attached Table 835/90 on April 22, 2020.

Therefore, the above Defendants are obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to their inheritance shares among the land of this case to the Plaintiff, unless there are special circumstances.

The above defendants' judgment as to simultaneous performance defense are asserted that among the purchase price agreed between the plaintiff and the plaintiff, defendant C is obligated to take the procedure of ownership transfer registration at the same time with the payment of KRW 75 million, and the remaining defendants are obligated to take the procedure of ownership transfer registration at the same time.

Defendant C, D, F, and G seem to have been paid the money referred to in paragraph (2) at the same time “X” listed in the certificate No. 5 of this case’s land B appears to have been written in writing of “S”.

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