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(영문) 서울북부지방법원 2019.04.25 2018나37688
매매대금
Text

1. Revocation of the first instance judgment.

2. As to the Plaintiff KRW 24,180,00 and KRW 5,000,00 among them, the Defendant shall on July 2017.

Reasons

1. Basic facts

A. On May 27, 2008, the network C entered into a sales contract with the Defendant for KRW 860,000,000 (hereinafter “instant sales contract”) on the sales price of KRW 7,272 square meters (2,200,000) out of KRW 24,744 square meters of forests and fields D, Nam-si, Namyang-si (hereinafter “instant sales contract”).

B. After February 13, 2009, E and F are divided into E and F in the above D, and the above D was divided into H, I, J, K, etc. after its registration conversion into G on June 16, 2009.

On the other hand, the above E was subject to registration conversion, and the above F was divided into N,O, P, Q, etc. after the registration conversion into M.

C. On March 27, 2008, prior to the instant sales contract with the deceased C, the Defendant entered into a provisional contract with the deceased C on March 27, 2008, which is the same as the instant sales contract. The said decision to recommend reconciliation was made to order the registration of ownership transfer due to the said provisional contract, but the said decision to recommend reconciliation was ultimately deemed as the registration of ownership transfer based on the instant sales contract.

(hereinafter the same shall apply)

On December 17, 2010, the registration of ownership transfer with respect to the above M was completed with respect to 49,488/49,48/48/21,876.838/10 of the net C's shares.

On May 27, 2011, the Defendant filed a lawsuit against the deceased C for the registration of ownership transfer based on the instant sales contract (Korean Government District Court Decision 201Gadan8218) and rendered a judgment to implement the procedure for the registration of ownership transfer with respect to shares of 14,54/10 of G, L, H, and I for Yangyang-si (Korean Government District Court Decision 201GaDa8218). The Defendant completed the registration of ownership transfer with respect to the above real estate G and L only on August 23, 2011.

E. On July 11, 2011, the deceased C died (hereinafter “the deceased”), R, who is his/her children, and the Plaintiff, who is the wife, inherited solely by giving up inheritance.

F. After that, the Plaintiff filed a lawsuit against the Defendant for the payment of the purchase price of the instant sales contract (this Court Decision 2012No34563, hereinafter “the instant sales price”) and the instant lawsuit.

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