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(영문) 서울중앙지방법원 2019.02.01 2017나40169
소유권이전등기
Text

1.The judgment of the first instance, including any primary claim added by this Court, shall be modified as follows:

annex.

Reasons

1. Basic facts

A. 1) D Construction of Seosan G apartment (hereinafter “instant project”) on the land of Seosan-si and 17,716 parcels of 9, Seosan-si and 99.

(2) On February 5, 2016, Defendant B transferred all the status and rights related to the pertinent business to the Plaintiff. (3) Defendant B is a registered titleholder registered as the owner or co-owner of each of the instant land located within the pertinent business site, and Defendant C is a registered titleholder who completed the provisional registration of the right to claim ownership transfer as to all of the instant land ownership of Defendant B.

B. The instant ownership transfer registration and the instant provisional registration is completed 1) Each of the instant parcels of land from H, the former owner, on the grounds of sale as of August 28, 2013, which was the same cause for registration as the following, as of August 29, 2013: (a) four parcels of land in this case from August 29, 2013, which were the same cause for registration; (b) in the future, two remaining parcels of land were completed; and (c) the ownership transfer registration was completed in the future of Defendant B as of October 4, 2013; and (d) the remaining two parcels of land was completed again for the same cause for registration (hereinafter referred to as “the ownership transfer registration of Defendant B’s six parcels of land”).

(2) On September 18, 2014, Defendant B completed the provisional registration of the right to claim ownership transfer registration (hereinafter “provisional registration of this case”) based on the pre-sale agreement on June 18, 2014 with respect to the entire shares of each of the instant land on September 18, 2014.

I J K L LW C B B C B H B C C C C

C. 1D, including the conclusion of a sales contract between D and Defendant B, shall be KRW 9,81,750,000 with respect to each of the instant land between Defendant B on February 4, 2016, paid KRW 9,817,500, out of the down payment on February 4, 2016, and shall be paid KRW 88,357,500 by transferring the remainder of the down payment to the bank account designated until February 29, 2016, and KRW 883,575,500 from the remainder until November 28, 2016.

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