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1. Defendant A was caused by the sale on March 3, 2015 with respect to the amount of 99 square meters in Gwangju-si Co., Ltd. from the Plaintiff.
Reasons
1. Basic facts
A. On March 3, 2015, the Plaintiff entered into a sales contract with Defendant A to sell KRW 29,400,000 of the purchase price of KRW 307,000,000 among the 307 square meters in Gwangju-si, Gwangju-si (hereinafter “instant real estate”). The Plaintiff received the down payment of KRW 3,00,000 on the same day from Defendant A, and the remainder of KRW 26,40,000 on March 9, 2015, respectively.
B. On March 4, 2015, the Plaintiff entered into a sales contract with Defendant B to sell KRW 29,700,000 of the purchase price to KRW 29,70,000, among the instant real estate. From Defendant B, the Plaintiff received KRW 2,300,000 among the down payment on March 3, 2015, KRW 70,000 among the down payment on March 5, 2015, and KRW 26,70,000 from March 9, 2015, respectively.
C. On March 6, 2015, the Plaintiff entered into a sales contract with Defendant A to sell KRW 109 square meters among the instant real estate in KRW 32,340,000. On the same day, the Plaintiff was paid KRW 3,300,000 from Defendant A.
On October 28, 2015, the instant real estate was divided into 109 square meters in Gwangjuyang-si, C 9 square meters in size, and D 9 square meters in size, respectively.
E. The Defendants dispute the validity of each of the above sales contracts until now, and Defendant A refuses to complete the registration of ownership transfer pursuant to the above sales contract as of March 3, 2015, to pay the remainder pursuant to the above sales contract as of March 6, 2015, and Defendant B’s completion of the registration of ownership transfer pursuant to the above sales contract as of March 4, 2015.
[Reasons for Recognition] Facts without dispute, Gap's 1 through 9, and 11 (including virtual numbers, and excluding sales contracts in the name of defendant B among Gap's 3), the purport of the whole pleadings
2. Determination
A. (1) According to the facts of the claim for the performance of the procedure for filing an application for ownership transfer registration, Defendant A is obligated to take over from the Plaintiff the procedure for filing an application for ownership transfer registration based on sale on March 3, 2015 with respect to 99 square meters in Gwangju-si, Gwangju-si, and Defendant B is obligated to take over the procedure for filing an application for ownership transfer registration based on sale on March 4, 2015 with respect to 9 square meters in Gwangju-si D Yangyang-si, and Defendant B is obligated to take over the procedure for filing an application for ownership transfer registration on March 4, 2015.