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(영문) 광주지방법원 2015.10.13 2014가단55784
소유권이전등기
Text

1. The defendant is based on the sale and purchase on March 20, 1990 with respect to one-third shares in the area of one-third shares in the area of one-third shares in the area of one-third shares in the area of one-third shares in Jeonnam-gun,

Reasons

According to Gap evidence Nos. 1 through 14, the plaintiff entered into a sales contract with the real estate stated in the order No. 1 (hereinafter "the real estate of this case") from the deceased on March 20, 1990 as KRW 3.2 million. The network D is the inheritor on June 21, 1996, who left the defendant, F, and G, who is the wife E and children of the defendant, F, and G, as the inheritor on January 24, 2003.

According to the above facts, the defendant who succeeded to the deceased D and E in succession is obligated to implement the registration procedure for transfer of ownership on March 20, 1990 with respect to shares of 1/3 of the real estate of this case to the plaintiff.

Therefore, the defendant has a simultaneous performance defense to the effect that he cannot respond to the plaintiff's claim before receiving the purchase price from the plaintiff. Thus, there is no evidence to find that the plaintiff was unable to receive the purchase price from the plaintiff. Therefore, the defendant's defense is without merit.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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