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(영문) 부산지방법원 2017.02.16 2015가합6503
소유권이전등기등 절차이행
Text

1. At the same time, the Plaintiff received KRW 541,60,000 from the Plaintiff:

A. The defendants are listed in the separate sheet Nos. 2 through 2.

Reasons

1. Facts of recognition;

A. Defendant B and his husband D owned each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”)

B. D’s death on September 15, 201 and the inheritance of Defendant B and its ASEAN’s property, the Defendants shared each of the instant real property in proportion to each of the instant co-ownership shares listed in the “final Shares of the Defendants” listed in the separate sheet (hereinafter “each of the instant co-ownership shares”). Of each of the real property listed in paragraphs 2 through 4 of the same list, the Busan District Court’s Busan District Court’s registry office (hereinafter “the instant provisional registration”) issued on August 25, 201, under Article 49548 of the receipt on August 25, 201 (hereinafter “the instant provisional registration”), and the registration of seizure under the name of the Republic of Korea (hereinafter “registration of seizure”) was completed on October 6, 2014 with respect to Defendant B’s 1/2 shares among the real property listed in paragraph (2) of the same list.

C. On April 26, 2013, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendants and each of the instant real estate with the payment of KRW 824,60,000 (the payment of KRW 83,00,000 upon the contract, the intermediate payment of KRW 200,000,000,000, which was paid on May 27, 2013, and the remainder of KRW 541,60,000,000, which was paid on January 14, 2014), and concluded a sales contract with the Defendants on April 26, 201, the Plaintiff entered into a special agreement with the Defendants that the Defendants are paid the remainder from the Plaintiff after performing the following: (a) the instant provisional registration and the attachment registration; (b) the Defendants transferred the instant real estate to a lessee residing in the instant real estate

On April 26, 2013, the Plaintiff paid the Defendants the down payment of KRW 83,00,000 based on the instant sales contract, and the intermediate payment of KRW 200 million on May 24, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The establishment of the obligation to transfer ownership is acknowledged.

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