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(영문) 대구지방법원경주지원 2016.06.28 2015가단10717
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers) and the whole purport of the pleadings:

The size of 648 square meters before E and 452 square meters before F prior to the division (hereinafter “the land of this case”) is owned by Defendant B.

The 3/5 shares of Defendant B, 1/5 shares of Defendant C, and the remaining 1/5 shares of Defendant C are owned by Defendant C and 1/5, respectively.

B. On November 28, 2014, the Plaintiff purchased the instant land from Defendant B as KRW 60,000,000 (a contract deposit of KRW 10,000,000,000 on the date of the contract, and the remainder of KRW 50,000,000 on the date of the contract).

(2) The Plaintiff paid KRW 10,000,000 to Defendant B on the date of the first sale contract of this case.

C. On November 28, 2014, the Plaintiff purchased the instant land 2 from the Defendants as KRW 1,346,000,000 (a contract deposit of KRW 190,000,000 on the date of the contract, and a balance of KRW 1,156,00,000 on the date of the contract shall be paid, and a balance of KRW 1,156,00,000 shall be paid on May 28, 2015).

(2) The Plaintiff paid KRW 190,000,000 to the Defendants on the date of the instant secondary sales contract.

The first and second sales contracts of this case are commonly stipulated as follows.

2. Co-ownership shares shall be given at any time within one month when the defendant B is responsible and the plaintiff needs a written consent to land use.

5. The calculation of the average number of accounts shall be made by offsetting the amount of 180,000 won per credit at the time of any balance.

6. The area of a cemetery shall be calculated by subtracting 100 square meters from the total horizontal plane and 7814 square meters, even if it is not changed.

7. In the case of transferring co-ownership, it shall be settled as required by the seller, and the total sale amount shall be KRW 1.46 billion.

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