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(영문) 서울중앙지방법원 2016.01.08 2014나50479
소유권이전등기
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 4, 2002, the Plaintiff entered into a sales contract with the Defendants for the purchase price of KRW 582,285,201, E, Gwangju-si D (hereinafter “D”) owned by the Defendant, to purchase KRW 582,285,201, E, E, 582, F, 646, G, 951, H, and 165,000,000,000 KRW 491,317,049,000.

B. Since the Plaintiff received the entire business site from the Defendants and newly constructed a sanatorium on July 26, 2004, completed the registration of ownership transfer on the instant land subject to sale and purchase, and was incorporated into a road planning site on January 27, 197 among the land subject to sale and purchase, the Plaintiff completed the registration of ownership transfer only for the remainder of the land, other than the land indicated in the attached Table 1 (hereinafter “instant land”), which is part of the land owned by the Defendant A, divided in sequence from the land subject to sale and purchase, and the land listed in the attached Table 2, which is part of the land owned by the Defendant B (hereinafter “instant two land”).

C. However, around that time, the Plaintiff and the Defendants reserved the ownership transfer on the land of this case 1 and 2 and agreed to secure the ownership transfer registration later, and set up a collateral security on the land of this case 1 and 2 with the purchase price as the secured claim.

After February 2012, the relocation of each of the instant land was cancelled.

E. The Plaintiff currently occupies and uses each of the instant land for the parking lot of a sanatorium.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1 to 4 (including each number)

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, Defendant A is obligated to implement each procedure for the registration of transfer of ownership on the land of this case, and Defendant B is obligated to implement each procedure for the registration of transfer of ownership on the land of this case, and on the land of this case, on December 4, 2002.

(b) against this;

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