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(영문) 서울남부지방법원 2017.09.13 2017가단208809
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant sold the Defendant’s share among the instant buildings on April 18, 2014, to G, and completed the registration of ownership transfer on April 23, 2014.

B. On November 14, 2014, the Plaintiffs and the Defendant drafted a “B site sales contract” with the content that “Plaintiffs (Plaintiffs A 6/10, Plaintiff B 4/10 shares) purchase the instant land from the Defendant for KRW 1.525 billion, while maintaining the instant building on the ground of the instant land.”

(hereinafter referred to as the “instant sales contract”) C.

Since then, the Plaintiffs paid the purchase price in full to the Defendant, and completed the registration of ownership transfer for each share of the instant land on December 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. At the time of concluding the instant sales contract, the Plaintiffs purchased not only the instant land from the Defendant, but also the Defendant’s share in the instant building. After completing the payment of the purchase price, the Plaintiffs actually exercised their rights as the owner of the building.

The Plaintiffs, while making a strong solicitation that the Defendant would not incur unnecessary registration costs of the building to be removed, had become aware of the fact that the instant building shares had already been transferred to G prior to the conclusion of the instant sales contract, during the process of preparing for the luxation suit with the lessee’s vehicle, while withholding the transfer registration of shares in the instant building.

As above, the Defendant already disposed of the Defendant’s share in the instant building at the time of the conclusion of the instant sales contract and was in a state of non-rights.

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