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(영문) 대전고등법원(청주) 2016.04.05 2014나1899
소유권이전등기
Text

1. Of the judgment of the first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On February 8, 2011, the Plaintiff is “each of the instant land” in order below the land indicated in the deceased’s B (the deceased’s death on March 15, 2014; hereinafter “the deceased”), each of the land listed in the separate sheet 1 through 5, and the land listed in the separate sheet 6 attached to G owned by the deceased and the land listed in the separate sheet 6.

'The sales contract of this case' is 'the sales contract of this case'.

The main contents of the sales contract are as follows. The sales price under Article 2 of the Real Estate Sales Contract is KRW 390,8160,000 (the contract amount is KRW 58,560,000) and the balance is KRW 32,950,000,000,000,000 shall be the remainder payment date, and the seller’s obligation and taxes related to the real estate as of

Matters of special agreement

1. Any balance shall be paid within 20 days after the completion of authorization;

2. To provide purchasers with the authorization and permission expenses for access roads to a clans, and a written consent to land use;

3. Provision of written consent to the relocation of a cemetery within the land No. 3 of this case and the completion of the relocation of a cemetery before permission

B. On September 27, 201, the instant land was divided into 1,442 square meters and 292 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-do, and 1,442 square meters prior to E; ② The instant land was divided into 48 square meters of forest land and 128 square meters of forest land; ③ the instant land was divided into 665 square meters prior to P and 66 square meters of forest land, respectively.

C. On the other hand, on February 8, 2011, the Defendant concluded a sales contract with G and the instant 6 with the purchase price of KRW 24 million, and the same month.

9. The Plaintiff received a written consent from G to the land use of the above land and delivered it to the Plaintiff.

On July 20, 2011, the land of this case was divided into 198 square meters for X-gun of Chungcheongbuk-gun in the land of this case.

On March 31, 2011, for the plaintiff, the defendant obtained a written consent to the use of the land owned by the clan from the ZJ Association No. 853 by a notary public, Law FirmY201, and delivered it to the plaintiff.

E. Since then, when it is difficult for the Defendant to change the cemetery in the third land of this case, approximately 147 square meters, which is the corresponding area, shall be the cemetery of this case.

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