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(영문) 수원지방법원 2020.10.16 2019나66941
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party in the judgment of the first instance, upon the claim that the court changed in exchange.

Reasons

1. Basic facts

A. On March 10, 2017, the Plaintiff entered into a sales contract (hereinafter “first sales contract of this case”) with the content that the part 3 drawings of the attached Table 3 among the real estate owned by the said Appointor as indicated in the attached Table 1, shall be KRW 14 million.

B. On March 10, 2017, the Plaintiff entered into a sales contract with Defendant and Selection, H, I, B, J, and K (hereinafter referred to as “Co-appointeds”). On the attached Table 5, the Defendant and co-appointed entered into a sales contract with a size of 165 square meters of the attached Form 3 (However, the selling area was specified according to their respective co-ownership shares) among the real estate listed in the attached Table 2, in which the Defendant and co-appointed share was jointly owned with each of the pertinent shares as indicated in the attached Table 5, setting a sales price of KRW 35 million (hereinafter referred to as “the instant sales contract”).

C. The Plaintiff entered into a contract for the first and second sales of this case in order to connect the Plaintiff’s land to DD road in Ansan-si, as shown in the Appendix No. 3, while promoting development activities on the Plaintiff’s land at the time of Ansan-si (hereinafter “Plaintiff’s land”). The specific content of each sales contract is as follows.

Any balance shall be paid on June 30, 2017.

(Provided, That the seller shall not exceed 10 days after the road division). The seller shall deliver all the documents required for the registration of the transfer of ownership to the buyer when he receives any balance, and shall cooperate in the registration of the transfer of ownership

Article 7 (Special Agreements)

1. In the case of subdivision, there may be a little difference between the area on the drawing and the actual area on the drawing, but the balance shall be settled with the amount equivalent to the average (700,000 won);

(Road breadth shall be 6 meters)

3. Purchasers shall allow sellers to use the road after the opening of the road.

On March 10, 2017, the Plaintiff paid 7 million won as down payment and intermediate payment under the instant sales contract to the Selection E, and 17.5 million won as down payment and intermediate payment under the instant sales contract to the Defendant, the representative of the Defendant and co-inheritors, respectively.

(e) thereafter;

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