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(영문) 광주고등법원(제주) 2016.09.21 2015나1644
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

2...

Reasons

1. Case summary and key issues

A. On the premise, Defendant B and C jointly own each of the instant land and each of the instant buildings on the ground, 1/2 shares, respectively, and Defendant D owned the instant land. The Defendants and Defendant C’s children owned the instant land, and the Defendants and C’s children owned the instant land in the name of “F” as “F” on each of the instant real estate, and each of the instant buildings were owned on February 28, 2013; the debtor was the debtor as of February 28, 2013; the debtor was 430,000,000 won with the maximum debt amount of Defendant C and the debtor as at KRW 1,040,00,000,000, the maximum debt amount of the instant land was set at KRW 30,000,000 under the name of Defendant C and C, the debtor as at March 26, 2013 with the maximum debt amount of KRW 52,000,300,000.

(B) Each of the instant mortgages was established on February 28, 2013 by filing a provisional registration of the right to claim the transfer of ownership in the name of I as of February 28, 2013.

3) On June 28, 2013, the Plaintiff entered into the following agreements with the Defendants (hereinafter “instant agreement”).

2) As seen above, each of the instant real estates is purchased and sold (hereinafter “instant sales contract”).

) Upon entering into the instant contract and paying KRW 550,00,000, which constitutes the down payment, to I, the provisional registration right holder of the right to claim ownership transfer registration, which was established on each of the instant real estate, and I cancelled the said provisional registration (the instant agreement does not include Defendant D as a party, but it appears that the Plaintiff would have consulted mainly with Defendant B and Defendant C E, and the sales contract as of July 9, 2013 as mentioned below is also made by Defendant B.

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