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(영문) 대구지방법원김천지원 2016.09.21 2015가단33713
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs owned 4/11 shares of each of the 119 square meters in the Gu-U.S. Do-si ditch and 119 square meters in E forest land and 208 square meters (hereinafter “instant real estate”).

B. On January 15, 2015, with respect to the shares of the instant real estate among the instant real estate between the Defendant and the Defendant, the Plaintiffs are “Agreement on January 15, 2015 (hereinafter referred to as “Agreement”) as follows:

A. Before 200:

Indication of Real Estate:

1. Down-si ditches: 119 square meters for Gu/Si roads;

2. The Defendant and the Plaintiffs agree to perform the following in selling and buying the above marked real estate in the Gu, Si, U.S. E-si E-si.

1. The plaintiffs sell their respective shares in the above indicated real estate to the defendant, and the defendant shall, after acquiring the above indicated real estate, transfer the portion 30 square meters in the attached Form “A” to the plaintiffs without compensation through the combination of lots and subdivisions.

2. The above agreement shall enter into force if all the co-owners F of the above indicated real estate and G equity shares are acquired, and if it is impossible to acquire it, it shall confirm that it has no effect;

C. On January 16, 2015, Plaintiff B completed the registration of ownership transfer on January 15, 2015 with respect to the share of 4/11 of the instant real estate to the Defendant.

Plaintiff

A and the Defendant, with respect to the sale and purchase of the instant real estate on March 17, 2015, agreed on March 17, 2015, below the following agreement:

1. The performance agreement between the Defendant and the Plaintiff on January 15, 2015 (a certificate shall be null and void).

2. If the Defendant acquired all shares of Plaintiff A, he/she shall cancel the contract to transfer the existing 330 square meters of land to Plaintiff A without compensation, and the Defendant shall pay the Plaintiff KRW 25 million to the Plaintiff.

E. On March 17, 2015, the Defendant paid KRW 25.5 million to Plaintiff A with the purchase price for the said Plaintiff’s share among the instant real estate.

F. On April 6, 2015, Plaintiff A completed the registration of ownership transfer on March 17, 2015 with respect to the share of 4/11 of the instant real estate to Defendant.

G. The defendant is against the plaintiff B.

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