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(영문) 수원지방법원 2018.12.05 2017가합25362
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of Nonparty E, who are in the form of one another.

B. The Defendant received the registration of ownership transfer from E on December 15, 2015 for the land specified in paragraph (1) of the Attached List (hereinafter “instant land”) from E on October 28, 2014.

On December 15, 2015, Daejeon District Court Sejong District Court Decision 9169 (No. 91699) c.

On the other hand, the defendant newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the instant land, and completed registration of preservation of ownership on July 24, 2014.

Daejeon District Court Sejong District Court Decision 32134 delivered on July 24, 2014, No. 32134) d.

On March 24, 2016, Plaintiffs, Defendants, and E drafted a written agreement (hereinafter “instant agreement”) with respect to the instant land as follows:

With respect to the sale of the above land and the above ground buildings (one building in Sejong Special Self-Governing City, one building in Sejong Special Self-Governing City, and the name of road: H in Sejong Special Self-Governing City), the parties agree as follows with regard to the sale of the above land and the above ground buildings (one building in Sejong Special Self-Governing City, one building in Sejong Special Self-Governing City, and the name of the road):

The parties E, the Defendant, and the Plaintiffs’ Agreement

1. Five-fifths of each of the parties to the sale of the above land shall be divided into five-fifths.

2. Where the price of land is not separately stated in a sales contract, the price shall be based on the market price at the time of sale;

(If it is impracticable to confirm the market price, it shall be confirmed by the real estate brokerage office.

3. The time to distribute the sale price of the above land and buildings shall be immediately paid part of the above land and buildings thereon;

4. The method of distributing the sale price of the above land shall be one fifth of the amount equivalent to 4/5 of the land value of the above land and the part payment of the above ground buildings received by the defendant in four passbooks of the other party.

Provided, That where four representatives of the other parties are designated, all of 4/5 shall be made on the relevant passbook.

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