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(영문) 대구지방법원 2017.07.13 2016나14308
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 26, 2015, the Plaintiff and the Defendant paid 2% of the remainder of the purchase price (1,013,200 won) as of September 1, 2015 to the Defendant at KRW 56.2 square meters (17 square meters) out of 3,104 square meters (17 square meters) owned by H and I (hereinafter “370 square meters”). In selling the same, the Plaintiff entered into a sales contract with the Plaintiff with the terms and conditions that “the purchase price of KRW 50,660,000,000, out of the purchase price of KRW 50,660,000,000, the contract amount of KRW 47,660,000,000 for the remainder of the contract and the remainder of the purchase price of KRW 2% (1,013,200) as of September 1, 2015, to which the Plaintiff will delegate the registration to the Plaintiff” (hereinafter “instant sales contract”).

B. On August 26, 2015, the Defendant paid to the Plaintiff the remainder of KRW 46,646,800, which was discounted on September 1, 2015 (i.e., the remainder of KRW 47,660,000 (i.e., KRW 1,013,200), which is 2% of the purchase price).

C. C Land refers to “each of the instant real estate” through “3 real estate according to the sequences and sequences between each of the instant real estate and each of the instant real estate listed in the separate sheet on November 5, 2015.”

) The Plaintiff was divided and completed the registration of transfer of shares in the Plaintiff’s future on October 23, 2015 with respect to shares of 165/827 shares among the real estate Nos. 1 and 2, and shares of 215/1,450 among the third real estate on October 21, 2015, respectively. [Grounds for recognition] The Plaintiff did not dispute any dispute, Gap evidence Nos. 1 through 6 (including the number of branches), and the purport of the entire pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to take over from the plaintiff the registration procedure for transfer of ownership for 56.2/104 shares of each of the real estate of this case, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion that each of the instant real estate is not owned by the plaintiff, but the plaintiff sold each of the instant real estate to the defendant, and the defendant did not hear an explanation from the plaintiff's employee D properly about each of the instant real estate.

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