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(영문) 수원고등법원 2020.11.12 2020나14082
매매대금
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 197, the Plaintiff and Defendant B purchased shares of 741/1,931 shares and 49.6/2,489 shares among the 741/1,931 shares and the 2,489m2,489m2 (hereinafter “second real estate”) prior to Sincheon-si, Sincheon-si (hereinafter “first real estate”), and entered into a title trust agreement with each 1/2 of the purchase price and the ownership of shares under the Plaintiff’s name.

On September 23, 1977 and December 7, 1977, the Plaintiff purchased each of the above land shares based on the above title trust agreement, and completed each registration of ownership transfer in the name of the Plaintiff.

B. On October 13, 2014, the Defendants filed a lawsuit against the Plaintiff for the performance of the procedure for the registration of real estate ownership transfer (hereinafter “previous lawsuit”) (hereinafter “previous lawsuit”) with the Suwon District Court Branch of the Suwon District Court (Seoul District Court Branch of 2014Kadan20606, and submitted to the Plaintiff the sales contract (hereinafter “the sales contract in this case”) dated June 15, 2009, stating that “Defendant B purchased shares of KRW 302.5/1,931 among the real estate 1; KRW 80.5/1,931 among the real estate 1; KRW 80.6 million among the real estate 1; KRW 49.6/2,489 among the second real estate; KRW 49.4 million; and paid the full purchase price on June 15, 2009.”

On December 18, 2014, the Plaintiff did not submit a written reply even after receiving the said complaint, the said court rendered a judgment without holding that the Plaintiff rendered to Defendant B with respect to the share of 302.5/1,931 of the immovable property No. 1 and shares of 60.5/1,931 of the immovable property No. 1 and shares of 49.6/2,489 of the immovable property No. 2 of the immovable property No. 2 (hereinafter “the total share of the above shares”) on June 15, 2009, respectively.

The original copy of the judgment was served on the Plaintiff on January 2, 2015, and the said judgment became final and conclusive on January 17, 2015 due to the Plaintiff’s failure to file an appeal.

C. The Defendants are subject to the above judgment regarding the instant real estate on January 21, 2015.

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