(영문) 수원지방법원 2019.09.05 2018가단539922

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(영문) 수원지방법원 2019.09.05 2018가단539922

소유권이전등기

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1. As to the Plaintiff B’s share of 6117/47530 of the real estate listed in the separate sheet, the Defendant shall attach the attached sheet to Plaintiff C and D.

Reasons

1. Facts of recognition;

A. On February 8, 2019, the deceased A (hereinafter “the deceased”) died, and Plaintiff B inherited the deceased’s property jointly in 2/7 shares, respectively.

B. On April 1, 2015, the Deceased concluded a sales contract by exchanging 2039/6790 shares among the real estate listed in the separate sheet (hereinafter “instant land”) owned by the Defendant and the Deceased, and the real estate listed in the separate sheet (hereinafter “instant land”), which was owned by the Defendant (hereinafter “instant transaction”).

C. On April 2, 2015, the Deceased completed the registration of ownership transfer on the ownership of F and G land to the Defendant on the grounds of sale.

On the other hand, the Plaintiff entered into a sales contract with H, I, and J (hereinafter “H”) on December 22, 2015, and completed the registration of ownership transfer to H, etc. on December 30, 2015.

At the time of the above sales contract, the Defendant entered into a special contract with H, etc. stating that “The seller wishes to repurchase all or part of the instant land within 10 years from the date of registration transfer, the buyer shall accept the request. In case of repurchase, the buyer shall comply with the request for direct transfer in the name of a third party.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The primary claim is that the Defendant is obligated to implement the procedure for the registration of ownership transfer for the shares stated in the order of this case among the land of this case to the Plaintiffs. 2) If the Defendant’s obligation to register ownership transfer for the conjunctive claim is impossible, the Defendant is obligated to pay damages to the Plaintiff B for 51,750,737 won (i.e., KRW 181,127,582 won x 3/7), and damages for delay to the Plaintiff C and D, respectively.

B. Determination as to the primary claim

유사 판례

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