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1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal office and the principal office.
Reasons
1. Basic facts
A. On April 4, 197, the network A completed the registration of ownership transfer with respect to the land previously 742 square meters (hereinafter “instant land before the instant partition”) prior to Gwangju City, Gwangju City, and on August 20, 1996, the real estate listed in the separate sheet (hereinafter “instant land”) was divided from the above land.
B. On December 20, 2005, the Defendant, a smaller part of the A and the small part of the Defendant, prepared a pre-contract for sale and purchase of the instant land with the following content as of May 20, 2002:
(hereinafter referred to as “instant trade reservation”. Article 1: A has promised to sell the instant land at KRW 52 million to the Defendant, and the Defendant has consented thereto.
Article 2:The date of completion of the sale and purchase agreements shall be December 31, 2006, and shall be deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the sale and purchase agreements.
Article 3:In the event the sale and purchase is completed pursuant to Article 2, A and the defendant enter into a sales contract for the land of this case, and A shall receive the price under Article 1 from the defendant, and simultaneously implement the procedure for the registration of transfer of ownership due to the sale and purchase of the land and deliver and order the land.
Article 4:The defendant shall pay A the deposit money of this reservation to KRW 30 million on the date of each reservation, and the amount shall be deducted from the price under Article 1.
C. Since then, A completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on December 29, 2005, No. 80279, which was received on December 29, 2005, with respect to the land of this case, from the Defendant on May 20, 2002.
Meanwhile, as a result of the death of April 17, 2014 during the instant lawsuit pending, A succeeded to the rights and obligations of Plaintiff J 3/7 shares, Plaintiff K and L, each of 2/7 shares.
Grounds for recognition: Facts without dispute;