logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.03.21 2018가단201051
소유권이전등기
Text

1. Defendant D shall be paid KRW 48.1 million from Defendant E, and at the same time, shall be listed in the separate sheet to Defendant E.

Reasons

1. Recognizing the facts, each real estate listed in the separate sheet (hereinafter “each of the instant lands”) is owned by Defendant D. The Daejeon Seodong-gu Seoul Special Metropolitan City F forest No. 5,691 square meters (hereinafter “Before subdivision”). Defendant D entered into a verbal agreement with Defendant E, around May 11, 2015, to sell the land before subdivision to Defendant E at KRW 361,40,000 (Calculation per square meter 2.1,000 won) and to pay part of the purchase price to Defendant E as the debtor for the land before subdivision by setting up a collateral security and paying a loan to H (hereinafter “H”).

Accordingly, Defendant D, on May 15, 2015, established G on the land before subdivision, with the registration of Daejeon District Court and the registration of creation of a neighboring mortgage (hereinafter “instant mortgage registration”) and the registration of creation of superficies (hereinafter “instant superficies registration”) completed on May 15, 2015 with the person holding superficies as H, with the registration of Daejeon District Court and the registration of creation of a superficies (hereinafter “instant superficies registration”) completed on May 15, 2015, with the amount of KRW 480,000,000,000.

On May 2017 and June 2017, the Plaintiffs decided to purchase each part of the land before subdivision from Defendant E. As Defendant D was unable to fully pay the purchase price for the land before subdivision, Defendant D’s failure to complete the registration of ownership transfer, Defendant D’s agreement to prepare a sales contract with Defendant D as a seller on the sales contract under the understanding of Defendant D, and Defendant D agreed to cooperate in dividing the land before subdivision according to the part that the Plaintiffs agreed to purchase.

Therefore, as indicated in the separate sheet, Plaintiff A prepared a sales contract (No. 5-1), May 11, 2017, concerning the real estate listed in the separate sheet No. 1, and Plaintiff B prepared a sales contract (No. 5-2), June 28, 2017 concerning the real estate listed in the separate sheet No. 2, and Plaintiff C prepared a sales contract (No. 5-3) as of May 17, 2017 concerning the real estate listed in the separate sheet No. 3, respectively, and accordingly, Plaintiff A prepared a sales contract (No. 5-3) as of May 17, 2017 concerning the real estate listed in the separate sheet No. 3.

arrow