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(영문) 의정부지방법원 고양지원 2018.12.06 2017가단76605
소유권이전등기
Text

1. The Defendant made an agreement on October 16, 2015 with respect to C forest land of 2,644 square meters at the time of selling to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother, the Plaintiff, entered into a sales contract with Nonparty I and one other on October 15, 2015 (hereinafter “Plaintiff’s land sales contract”) with respect to ① E, 267 square meters, ② 602 square meters (a total of 869 square meters (a total of 263 square meters) in each of the above land; ② 156 square meters in each of the above land was divided into G in Pakistan; ② 240 square meters in each of the above land was divided into H, respectively; regardless of whether it was before or after the said division, the Plaintiff’s mother entered into a sales contract with Nonparty I and one other on November 2, 2015 (hereinafter “Plaintiff’s land sales contract”); and the registration of ownership transfer was completed in the future of I on November 2, 2015. The main contents of the sales contract are as follows.

A seller: A seller: A seller and one other, Article 1 (Sale Price) ① The buyer shall pay the seller the purchase price and the land referred to in paragraph (2) at the following intervals, and if the contract deposit is paid to the seller's passbook, this contract shall be valid.

(2) The balance of the purchase price of KRW 341,900,000 shall be KRW 140,000 when the land is to be deposited at the time when the contract is concluded ( October 16, 2015), and KRW 11,90,000 shall be given at the time of October 26, 2015.

(2) In addition to the above amount, the buyer shall transfer the ownership of 800 square meters of the land from JJ at the time of strike to the seller by the agreed date under Article 8, without additional consideration.

Article 2 (Transfer and Delivery of Ownership) If the seller receives any balance and the buyer receives any agreement of K and any sales contract of 8,400 in a specific form provided to the buyer on the part of the buyer, the buyer shall deliver all documents necessary for the registration of transfer of ownership of the land on the part of the buyer and transfer the possession of the real estate.

Article 8 (Special Provisions) The responsibility for the transfer of registration of the above land at 800 square meters is to the buyer of the land on the part of the plaintiff, the registered titleholder of 8,400 square meters, the person who obtained permission, and the developer (hereinafter the buyer, etc.). The buyer, etc. purchases at 8,400 square meters and includes the seller as a joint purchaser (800 square meters), and the balance is to register shares.

In addition, the seller is entitled to divide on the date of division.

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