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(영문) 수원지방법원여주지원 2014.05.01 2013가합2367
소유권이전등기말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2005, the Plaintiffs sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants for KRW 700 million and entered into a special agreement as follows:

(1) The obligation, including collateral security, provisional seizure, and seizure, established on the instant real estate as of the date of receipt of the transfer of ownership documents, shall be settled by the purchaser as of the date of receipt of the transfer of ownership documents, and the special agreement shall be set off against the balance.

3. The transfer tax, the expenses for presenting real estate, the registration tax required for transferring the ownership of the real estate, the education tax, and claims, from among the profits sold to other persons, shall be deducted;

4. As above, the seller will have 40% and 60% of the sales price among the remaining profits after deducting as above 3.

5. Where the above real estate is sold to another person, a contract shall be concluded by joining G and Plaintiff B.

7. The above real estate shall be sold by June 30, 2008: Provided, That a approximately 1,000 shares of Defendant D shall be disposed of by June 30, 2009.

8. The right to cultivate the above real estate is to be cultivated by mutual agreement between the seller and the buyer, etc. before it is sold or sold.

10. When the purchaser performs the liquidation work, such as the flating work of the above real estate, the seller shall actively cooperate therewith;

B. Under the instant contract, the Defendants paid KRW 700 million to the Plaintiffs. On July 25, 2005, Plaintiff B transferred to Defendant C the real estate listed in [Attachment List No. 1], Plaintiff A, June 15, 2005, real estate listed in [Attachment List No. 2 and 3] to Defendant D, C, and on July 25, 2005, real estate listed in [Attachment List No. 4] to Defendant F, and the real estate listed in [Attachment List No. 5] to Defendant E, respectively.

On June 30, 2005, as to the real estate listed in the separate sheet Nos. 2 and 3, Defendant D and C, as to the real estate listed in the separate sheet Nos. 2 and 3, the real estate listed in the separate sheet No. 2, as the reason of partition of co-owned property, is

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