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(영문) 서울남부지방법원 2018.05.16 2017가단200911
소유권이전등기
Text

1. The Defendant connects each point of the attached Form No. 1, 2, 3, 4, and 1 among the area of 4,206 square meters in Chungcheongnam-gun G orchard 4,206 square meters in sequence.

Reasons

1. Determination on the cause of the claim

A. On June 23, 2015, A and the Defendant: (a) purchased KRW 296 square meters from the Defendant in Chungcheongnam-do budget-gun GU 4206 square meters (hereinafter “instant real estate”); and (b) paid KRW 50 million on the date of the contract; and (c) agreed to pay KRW 50 million on the date of the contract; and (d) paid KRW 50 million to the Defendant on the date of the contract, and accordingly, paid KRW 50 million to the Defendant on the date of the contract.

(2) As the Defendant did not take a partition procedure, A specified the sales subject matter as part of 296 square meters at the place of the ship (hereinafter “the instant sales subject matter”) connected with each of the items in the attached Form 1, 2, 3, 4, and 1 by conducting a land partition survey directly, and paid the Defendant the remainder of KRW 50 million on December 2, 2015, but the Defendant did not implement the procedure for the registration of ownership transfer regarding the said divided portion.

(3) Meanwhile, A died on December 1, 2017 while the instant lawsuit was pending (hereinafter “A”), and C, B, D, and E, their successors, inheritance of the deceased’s property in proportion to the inheritance shares indicated in the text, while taking over the instant lawsuit proceedings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

B. According to the above recognition of the board, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on June 23, 2015 to the Plaintiffs, who comprehensively taken over the rights and obligations of the deceased on the basis of the instant sales contract, as indicated in the order.

2. The defendant's assertion and judgment are the contract of this case under which the buyer's permission for new construction of warehouse is obtained and the buyer's permission for division of the warehouse is a condition precedent, and the buyer's permission for new construction of warehouse is not obtained yet.

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