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(영문) 서울남부지방법원 2019.11.05 2018가단11699
소유권이전등기 말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 30, 199, Plaintiff B acquired the ownership of G forest 437 square meters (hereinafter “instant land”) in Jeju-si, Jeju-si, and H acquired the ownership of 4,387 square meters in I forest 4,387 square meters (hereinafter “instant land 2”). On June 11, 2002, Jeju-si, Jeju-do, Jeju-do.

H died on December 15, 2015.

B. The land No. 1 of this case was transferred to J on September 3, 2001 on the ground of “the sale on August 25, 2001,” and the ownership transfer registration was completed under the name of J on October 15, 2003 on the ground of “the sale on October 15, 2003.”

The J died on June 22, 2012.

C. At present, the land Nos. 1 and 2 of this case is owned by Defendant C 21/42, Defendant D 9/42, Defendant E and F respectively.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion was that the plaintiff A independently inherited the land No. 2 of this case.

Plaintiff

B Subject to the condition that J shall pay to K the purchase price of KRW 20 million and cancel the right to collateral security established on the land No. 1 of this case, H constructed the housing on the land No. 2 of this case, and entered into a sales contract on the condition that H sells it and redeems the remaining land with the purchase price of KRW 20 million.

J did not comply with the terms and conditions of the above sales contract, and the plaintiffs cancelled the sales contract on these grounds, so the defendants are obligated to implement the registration procedure for transfer of ownership on the grounds of the restoration of real name.

B. The Plaintiffs submitted evidence Nos. 1, 2, 3, and 4 as evidence of the terms and conditions of the sales contract.

A’s evidence No. 2-1 is a written notification sent by Plaintiff A to J on April 28, 2010 and August 25, 2010. A’s evidence No. 2 is a written notification sent by Plaintiff A to J on August 18, 2010.

In its contents, "The land of this case was transferred to K with the condition that "20 million won is repaid to K".

Nevertheless, 20 million won is not paid.

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