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(영문) 서울고등법원 2018.02.09 2017나2062663
매매대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 11, 1991, the Plaintiffs and L are 13,58 square meters (hereinafter “instant land”) prior to F.M. on November 11, 1991.

(2) On February 16, 2001, Plaintiff A completed the registration of ownership transfer for each of one-fifths of shares in the above land on February 13, 2001.

B. On January 26, 2006, the Plaintiffs sold the instant land at KRW 2.466 billion to the Defendant on January 26, 2006, and paid the down payment of KRW 490 million at the time of the contract, and the remainder KRW 1.976 million was paid on February 8, 2006 (hereinafter “instant sales contract”).

2) At the time of the conclusion of the instant sales contract, the Plaintiffs did not immediately complete the registration of ownership transfer to the Defendant, as the instant land was designated as land transaction permission area.

Accordingly, at the time of entering into the instant sales contract, the Plaintiffs and the Defendant entered into the following special agreement:

(2) On February 8, 2006, the Plaintiffs issued all documents necessary for the creation of the instant sales contract and the change of land category after the land category was changed. 3. The Plaintiffs shall deliver documents necessary for the transfer of ownership (documents for which the statutory due date has elapsed) after the land category was changed. 5. In the event that the instant real estate sales contract is terminated, the Plaintiffs shall make the registration of creation of collateral security on the said real estate in order to guarantee the repayment obligation of the down payment, remainder payment, etc. paid by the Defendant. 6. 3) The Defendant paid all outstanding public charges to the Plaintiffs on February 8, 2006.

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