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(영문) 부산지방법원 2018.05.01 2017가단329364
매매계약무효확인 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the Plaintiff A and his husband D. Since D died on September 15, 201, the Plaintiff A and the Plaintiff B, who was the said Plaintiff, inherited the shares of D, and owned the said real estate by the Plaintiffs.

B. Of the real estate listed in the separate sheet Nos. 2, 4, and 5, the registration of provisional registration of the right to claim transfer of shares in the name E (hereinafter “the provisional registration of this case”) was completed as of August 25, 201 by the Busan District Court Busan District Court’s registry office, Busan District Court, and the registration of seizure under the name of the Republic of Korea (hereinafter “registration of seizure”) was completed as of October 6, 201 with respect to the Plaintiff’s 1/2 shares among the real estate listed in the separate sheet No. 49548, Aug. 25, 2011.

C. On April 26, 2013, the Defendant entered into a sales contract with the Plaintiffs with the purchase price of KRW 824,60,000 for each of the instant real estate (contract amounting to KRW 83,000,000,000 for payment, intermediate payment to May 27, 2013, and payment of KRW 541,60,000 for the remainder of KRW 541,60,000 for the remainder of May 27, 2013) (hereinafter “instant sales contract”). The Defendant entered into a special agreement with the Plaintiffs that the seller receives balance from the buyer after performing the following matters: (a) the seller cancels the instant provisional registration and the attachment registration; (b) transferred the instant real estate from the lessee residing in each of the instant real estate; and (c) bear all the lease deposit and all the expenses.

On October 19, 2015, the Defendant filed a lawsuit against the Plaintiffs seeking the implementation of the procedure for the registration of ownership transfer under the instant sales contract, and received KRW 541,60,000 from the Defendant on February 16, 2017, and at the same time, the Defendant cancelled the instant provisional registration, and the Plaintiff A cancelled the instant provisional registration, and the Plaintiff A executes the procedure for the registration of ownership transfer on April 26, 2013 with respect to the Plaintiffs’ shares among each of the instant real property.

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