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(영문) 서울고등법원 2016.10.21 2016나2017857
소유권말소등기
Text

1. Of the judgment of the first instance court, the part against Plaintiff C in the judgment is modified as follows:

Defendant D, E, F, G, I, and J.

Reasons

1. Basic facts

A. Defendant D, E, F, G, I, and net L (i.e., died on October 2, 2014; hereinafter “Defendant seller”), even if not included L, are co-owners holding each 1/7 share ratio of 1,100 square meters (hereinafter “instant land”).

B. On January 30, 2012, Defendant sellers entered into a sales contract with the purchase price of KRW 1.665 billion for P and the instant land, and the down payment of KRW 50 million is KRW 1.65 million for the remainder 1.6 billion on February 2, 2012, and the remainder 1.615 billion on July 15, 2012 (hereinafter “the instant sales contract”). On February 15, 2012, Defendant buyers entered into a sales contract with the intention to pay the remainder by July 15, 2012 (hereinafter “instant first sales contract”). On February 15, 2012, Defendant buyers entered into an agreement to complete the registration of ownership transfer when the buyer newly constructed a building under the name of the seller before the payment

C. Defendant I, under the name of “Defendant I and six others” on March 1, 2012, Q Co., Ltd., Ltd., which is operated by P, actually operated by P, appears to be the same subject as P.

The letter of delegation was drawn up to the seller of the land in this case, stating that the seller of the land in this case shall delegate the construction and sale to the buyer.

P on March 1, 2012, upon entering into a contract with S and T for the sale of multi-family housing (UG) constructed on the instant land, and around that time, the Defendant seller entered into a new construction of three multi-family housing units on the instant land (hereinafter “instant multi-family housing”) with the owner of the building.

E. The Plaintiffs purchased the instant collective housing from P or P’s agent T (hereinafter “each of the instant parcelling-out contracts”), the date of concluding each contract and the purchase price, and the amount paid out of the purchase price of the Plaintiffs are as follows, and they move into and reside in each of the households that purchased the instant collective housing.

① Plaintiff A: (a) KRW 145 million; (b) KRW 94 million; (c) Plaintiff B: September 9, 2013; (b) KRW 101 Dong 302; and (c) KRW 140 million; and (b) KRW 140 million; and (d) payment.

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