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(영문) 수원지방법원안산지원 2019.06.20 2018가합1299
소유권이전등기절차이행
Text

1. The Defendant is due to sale and purchase on September 12, 2014 with respect to the portion of 1/2 of each real estate listed in the separate sheet to the Plaintiff.

Reasons

Facts of recognition

On February 16, 2004, the Plaintiff and the Defendant, a type of land owned by the Plaintiff and the Defendant, completed the registration of ownership transfer for each of one-half shares of each of the real estate listed in the separate sheet Nos. 1 and 2, on the ground of “Succession by Consultation and Division on March 19, 2002.” The Plaintiff and the Defendant completed the registration of ownership transfer for each of one-half shares of the real estate listed in the separate sheet No. 3, on June 3, 2010, on the ground of sale “No. 4, 2010.”

Accordingly, the plaintiff and the defendant shared each real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") at the ratio of 1/2 shares.

On September 12, 2014, the Plaintiff and the Defendant concluded a sales contract with the Defendant that the Plaintiff purchased 1/2 shares of the instant real estate from the Defendant to the sole ownership of the instant real estate in KRW 1.1777.8 million.

Article 1 A special agreement stipulating that a balance of KRW 160 million (payment on September 15, 2014) in an intermediate payment of KRW 1177.8 million (payment on a contractual basis) plus KRW 150 million (payment on September 15, 2014) plus KRW 650 million (payment on November 30, 2014), which provides a loan of KRW 217.8 million (payment on November 30, 2014).

3. Loans extended by a seller under the name of the buyer and used by the seller;

6. Under mutual agreement, the ownership shall be transferred before and after the construction, and the seller shall cooperate with the buyer in necessary documents; and

7. On September 15, 2014, the buyer transfers the amount of KRW 310 million to the seller on September 15, 2014, and the contract shall be valid at the same time, and the contract shall be terminated at the time of remittance

Tax and civil or criminal matters that may arise from the sale after the rent are not superior to the seller, and the buyer is responsible for all of them.

On September 15, 2014, the Plaintiff paid the Defendant the down payment and intermediate payment of KRW 310 million, and the remainder of KRW 217.8 million in total from November 18, 2014 to December 2, 2014, respectively.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3, and 4 (including paper numbers) respectively.

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