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(영문) 인천지방법원 2017.11.21 2016가단233360
소유권이전등기
Text

1. For the Plaintiff (Counterclaim Defendant):

A. The Defendant (Counterclaim) E is between the 1,611m2 and L 1,134m2 in Gyeonggi-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 6, 198, the Plaintiffs entered into a trade promise (hereinafter “instant trade promise”) with respect to each land of this case on the basis of the instant promise with respect to each land of this case on July 7, 1988, with respect to 1,611 square meters and L 1,134 square meters (hereinafter “each land of this case”). On July 7, 1988, the Plaintiffs entered into a provisional registration for the right to claim transfer of ownership on the ground of the instant promise to trade (hereinafter “the instant provisional registration”).

Article 1 The Deceased has promised to sell each of the lands of this case to the Plaintiffs at KRW 12,00,000,000, and the Plaintiffs consent to this.

Article 2. The date of completion of this reservation shall be June 14, 1989, and when the above date of completion has elapsed, it shall be deemed that the trade has been completed naturally without the plaintiffs' declaration of intention to complete the trade.

When the purchase and sale is completed pursuant to Article 3(2), a sales contract for each of the lands of this case between the deceased and the plaintiffs shall be established, and the deceased shall receive the price under Article 1 from the plaintiffs, and at the same time take procedures for the transfer of ownership due to the purchase and sale of each of the lands to the plaintiffs, and deliver

Article 4 The plaintiffs shall pay 11,00,000 won on the date of the reservation to the deceased as the deposit money of this reservation, and the above amount shall be deducted from the price under Article 1.

Article 5 The Deceased, at the same time as this reservation is concluded, will implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the plaintiffs on each of the land in this case

B. The Deceased died on August 29, 2006. The Defendants, as the inheritors of the Deceased, are 3/13 of the inheritance shares of Defendant E, and the remaining Defendants F, G, H, I, and J’s inheritance shares are 2/13, respectively.

[Reasons for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 3-1 and 2, the purport of the whole pleadings].

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