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(영문) 대전지방법원서산지원 2011.11.24 2010가합2540
소유권이전등기
Text

1. Defendant C's clan clan trading with the Plaintiffs on January 16, 2008 regarding each real estate listed in the separate sheet 2, 4, and 5.

Reasons

1. Determination on the cause of the claim

A. (1) On January 16, 2008, when the lawsuit on each real estate listed in the separate list owned by the Defendant clan (hereinafter “Defendant clan”) is terminated with Defendant C clan on January 16, 2008, the Plaintiffs entered into a contract with the Defendant clan to trade the real estate recognized as owned by the Defendant clan for KRW 70,000 (each real estate listed in the separate list 7 through 12 is registered in the name of title as stated in the purport of the claim by the Defendant clan). Since each real estate of this case was confirmed as owned by the Defendant clan through the lawsuit, the Defendant clan and the other Defendants are obligated to implement the ownership transfer registration procedure to the Plaintiffs on January 16, 2008, as stated in the primary purport of the claim.

(2) On January 16, 2008, when the lawsuit on each of the instant real estate owned by the Defendant clan is terminated, the selective or preliminary claim Plaintiffs entered into a trade promise with the Defendant clan to enter into a sales contract for KRW 70,000 for each of the instant real estate owned by the Defendant clan (each of the instant real estate listed in the attached list 7 through 12 is title trust as stated in the purport of the claim by the remaining Defendants from the Defendant clan). Since each of the instant real estate was confirmed to be owned by the Defendant clan through a lawsuit, the Defendant clan has a duty to accept the Plaintiffs’ offer to enter into a sales contract for each of the instant real estate, the purchase price of which is KRW 70,000,000 for each of the instant real estate.

In addition, the defendant clans and the remaining defendants shall receive KRW 1,297,520,00 from the plaintiffs, and shall implement the registration procedure for transfer of ownership based on the trade of each case as stated in the selective claim.

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