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(영문) 수원지방법원 2017.02.09 2016가합73081
소유권이전등기
Text

1. At the same time, the defendant receives KRW 718,500,000 from each of the plaintiffs, and at the same time, Suwon-si D's Suwon-si 3.

Reasons

1. Facts of recognition;

A. On April 26, 1982, the Defendant owned 1/3 of the instant land, E, F, and E, transferred 3/6 of the instant land due to inheritance on April 26, 1982. On June 7, 1997, G transferred 3/6 of the instant land due to inheritance by consultation or division.

B. On October 11, 2015, the Plaintiffs purchased the instant land from the Defendant at KRW 3.377 billion, and concluded a sales contract with the effect that KRW 150 million for the down payment on the date of entering into the contract, the intermediate payment of KRW 100 million on December 31, 2015, and the remainder of KRW 3.124 billion on August 31, 2016, and the Plaintiffs may pay the intermediate payment and the remainder before the payment date.

(hereinafter “instant sales contract”). C.

Defendant, Plaintiff A paid KRW 75 million on the date of conclusion of the instant sales contract, KRW 5 million on October 15, 2015, KRW 75 million on October 15, 2015, Plaintiff B paid KRW 75 million on October 12, 2015, and KRW 50 million on October 15, 2015 as down payment and intermediate payment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact of recognition as above, in light of the fact that the Defendant sold the instant land to the Plaintiffs on October 11, 2015 and received the amount equivalent to 1/2 of down payment and intermediate payment from the Plaintiffs, and at least the Defendant’s share sale in the instant land, the instant sales contract includes the Defendant’s share sale, the Defendant, upon the Plaintiffs’ request, is obligated to implement the procedure for ownership transfer registration for each of the instant land / 36 shares (=18/36 = 18/36/36) / 1/2) 】 1/2 as to the instant land as requested by the Plaintiffs.

B. The defendant's defense as to the validity of the contract of this case 1 was not delegated by F, H, and I as the other co-owners of the land of this case at the time of conclusion of the contract of this case, and thus, the contract of this case is invalid. However, the other party's right is denied.

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