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(영문) 광주지방법원 2017.02.10 2015가합1248
소유권이전등기 등
Text

1. As to the real estate listed in the attached list 1 through 3 from the plaintiff A, the defendant shall be attached from the plaintiff B.

Reasons

1. Facts of recognition;

A. The plaintiff A's clan (hereinafter "the plaintiff's clan") is the owner of each real estate listed in the separate sheet (hereinafter "the real estate of this case"). The plaintiff B is the representative of the plaintiff's clan, who is the title holder of the register that held the real estate listed in the separate sheet 4 through 7 from the plaintiff's clan in title trust, and the defendant (the trade name before the change: the defendant's substitute motor vehicle trading complex) is the company with the purpose of automobile

B. On January 24, 2014, Plaintiff B, on behalf of the Plaintiff clan, sold the instant real estate to KRW 1,130,000,000, and the down payment of KRW 113,000,000 shall be paid at the time of the contract, and the intermediate payment of KRW 200,000 shall be paid until April 24, 2014, and the remainder of KRW 817,00,000 shall be paid until September 26, 2014, and the remainder of KRW 817,00,000,000 shall be paid until September 26, 2014 (hereinafter “the instant sales contract”). As a special agreement, Plaintiff B concluded a sales contract to pay the graveyard installed on the instant real estate after changing the graveyard.

C. On January 24, 2014, the Defendant paid the Plaintiff clan KRW 113,00,000 for the down payment of the instant sales contract, and KRW 200,000 for the intermediate payment on April 24, 2014, respectively.

Plaintiff

On September 30, 2014, a clan moved a cemetery, which was established in the real estate listed in the attached list 1, to the land of Youngnam Cancer C.

E. On October 2, 2014, the Defendant sent to the Plaintiff a content-certified mail to the effect that the instant purchase and sale contract was rescinded on the grounds that the Plaintiff did not perform his/her duty to transfer the graveyard established on the instant real estate by September 26, 2014, which was the remainder payment date, and that this was served around that time.

The Defendant, even before the closing date of the instant case, rejected the registration of ownership transfer concerning the instant real estate.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 9, Eul 8 (including each number; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the claim for registration acceptance (1) shall be made on the ground of the claim.

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