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(영문) 부산지방법원서부지원 2019.08.23 2018가단13453
소유권이전등기 등
Text

1. The Defendant entered into an agreement on November 28, 2016 with respect to one half of the real estate stated in the separate sheet to the Plaintiff.

Reasons

Comprehensively taking account of the purport of Gap evidence Nos. 1 and 5's statement, Eul and the plaintiff agreed on divorce on November 28, 2016, as to the real estate listed in the attached list No. D (hereinafter referred to as "the real estate of this case") owned by the plaintiff, "D transferred the real estate of this case to the defendant due to sale and purchase. Of the purchase price of the real estate of this case, KRW 100 million, including KRW 100,000,000,000, which was the real estate disposed of on July 24, 2007, purchased the real estate of this case, which was disposed of on July 24, 2007, 1/2 of the sale price at the time of disposal, shall be paid to the plaintiff at the time of request for the registration of the plaintiff's 1/2 co-ownership shares, (hereinafter referred to as "the agreement of this case"). The plaintiff participated as a observer at the time of such agreement and signed it on November 28, 2018, 2018.

According to the above facts of recognition, D and the Defendant entered into an agreement with the Plaintiff at the time of the Plaintiff’s request for the registration of share transfer concerning one half of the instant real estate at the time of the Plaintiff’s request for the registration of share transfer, and entered into an agreement with the third party for the Plaintiff, a third party. The Plaintiff may be deemed to have expressed his/her intent to benefit from the contract against the Defendant, a third party. Thus, the Defendant is obliged to implement the procedure for the registration of share transfer for one half of the instant real estate, which was based on the agreement made on November 28, 2016, to the Plaintiff requesting the transfer of share of the instant real estate.

As to this, the Defendant agreed to pay 1/2 of the purchase price after selling the instant real estate in the instant written agreement.

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