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(영문) 제주지방법원 2017.08.11 2016가단17056
소유권이전등기
Text

1. The Defendants received payment from the Plaintiff for the purchase price for each Defendant attached to the Plaintiff, at the same time, from the Plaintiff, and at the same time three days before the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendants are deemed to have established the instant conciliation 3,191 square meters prior to the date of Jeju-si F (hereinafter “instant land”).

Co-ownership shares shares. Defendant B’s 250/100, Defendant C, and D’s 96/100 each, Defendant E succeeded to the network G on October 18, 2013, and Defendant E independently completed inheritance registration due to consultation and division on May 8, 2015.

(2) On December 18, 2014, the Plaintiff filed a lawsuit against other co-owners, including the Defendants, claiming a partition of co-owned property on the instant land as the Jeju District Court Decision 2014Da3756, which was around 2014. However, on December 18, 2014, the conciliation of the following (hereinafter “instant conciliation”) was established as Jeju District Court 2014Ma1901 (hereinafter “instant conciliation”). (A) The Plaintiff and the Defendants (as at the time of the agreement division between the deceased co-inheritors, Defendant E participated in the conciliation and the remaining co-inheritors, and thereafter Defendant E participated independently in the division of inherited property, as seen earlier.

(B) Until October 30, 2015, the Plaintiff traded the instant land in KRW 700,000 per 3.3 square meters, and is paid the purchase price by dividing it by shares of the said land with a third party. (B) If the sales contract is not concluded with a third party on the said date, the Plaintiff’s share in the said land in KRW 6.3 square meters per 3 square meters.

B. On July 15, 2015, the Defendants sold the instant land at KRW 762,350,000 (3.3 square meters per 3 square meters) between H and H. However, if the Plaintiff presents a person who wishes to purchase at a price higher than H by the end of July 2015, the agreement with H is deemed null and void (hereinafter “sales agreement with H”).

B. A contract deposit is concluded on the same day, KRW 77 million, KRW 150 million in the intermediate payment on July 31, 2015, and KRW 50 million in the intermediate payment on August 31, 2015, and KRW 535,350,00 in the remainder on August 31, 2015.

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