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(영문) 서울중앙지방법원 2019.06.07 2018가단5200665
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were married couple, and Plaintiff A owned the land Nos. 1 in the separate sheet, and Plaintiff B owned the two buildings No. 2 in the same list (hereinafter collectively referred to as “instant land and buildings”).

B. On April 29, 2018, the Plaintiffs concluded a sales contract with the Defendants to sell the instant land and buildings in KRW 950 million (hereinafter “instant sales contract”).

In the instant sales contract, ① KRW 20 million, out of the down payment of KRW 200 million, shall be paid on May 3, 2018, respectively, and ② the remainder of KRW 750 million shall be paid on June 25, 2018, and ③ after the transfer registration of ownership, the seller entered into a lease contract with KRW 350 million, as the lessee’s status.

C. The Defendants paid each of the Plaintiffs KRW 20 million out of the down payment on April 29, 2018, and KRW 180 million of the remainder down payment on May 3, 2018.

Since then, on June 25, 2018, the Defendants agreed to prepare a lease contract for KRW 350 million on the condition that the transfer registration of ownership of the instant land and buildings was completed, on the condition that no prior priority is given, while paying KRW 400 million out of the remainder to the Plaintiffs.

E. On June 27, 2018, with respect to the instant land and building, the registration of ownership transfer was completed under the Defendants’ names (each of 1/2 shares), and the Plaintiffs are living in the instant land and building up to the date.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 4, Eul evidence 5, the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs (1) asserted by the parties (A) agreed to prepare a lease contract of KRW 350 million with the plaintiffs in the status of having no priority over the plaintiffs, instead of paying the balance of KRW 350 million. However, even after the plaintiffs' request for the transfer of ownership, the defendants did not have priority over the plaintiffs.

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