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(영문) 제주지방법원 2018.10.17 2017나12363
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. As to shares 2/6 of each real estate listed in the separate sheet:

A. Defendant B is the defendant.

Reasons

1. On March 3, 2015, the Plaintiff purchased 2/6 shares of the 4,175 square meters and 3,982 square meters prior to the instant partition from Defendant C in Jeju-si, and the 2/6 shares of the 4,175 square meters and the 3,982 square meters prior to the instant partition (hereinafter collectively referred to as “the land prior to the instant partition”); thereafter, the land prior to the instant partition was merged and divided into each real estate listed in the separate sheet does not conflict between the parties.

Therefore, Defendant C is obligated to implement the registration procedure for ownership transfer on March 3, 2015 with respect to 2/6 shares of each real estate listed in the separate sheet to the Plaintiff.

2. Determination as to the claim against the defendant B

A. A. Around September 2014, the Plaintiff agreed with D to undertake a joint development project with the content that purchased the instant land owned by Defendant C prior to the instant partition, newly built and sold a house, and then distributed the proceeds therefrom. (ii) On December 8, 2014, G, which is the branch of D, entered into a sales contract with the Defendant C, with the content that “I and two persons” as the purchaser of the instant land before the instant subdivision and the relevant land, building and Jeju-si, purchase KRW 117 million of the price at KRW 570 million.

3) On March 3, 2015, the Plaintiff and D entered L andO into a joint development project additional investors, and subsequently, newly drafted a sales contract with the purport that the Plaintiff, L, Defendant B, and Defendant C gather “L, P, O’s wife, Q and Defendant B” as the purchaser of “L, P, O’s wife, Q and Defendant B” as the purchaser.

(2) As to each of the lands before the instant partition on March 6, 2015, Defendant C and the Defendant B (hereinafter “instant share”) as to each of the two-six-six shares of the instant land before the instant partition on March 6, 2015 (hereinafter “instant land before the instant partition”) in accordance with the aforementioned series of circumstances.

P for shares of one-six (1/6).

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