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(영문) 대전지방법원천안지원 2020.06.10 2019가단107674
소유권이전등기
Text

1. The defendant trade on June 20, 1996 with respect to the share of 1/3 of each real estate listed in the separate sheet to each of the plaintiffs.

Reasons

1. Determination on the cause of the claim

(a) The following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the respective descriptions in Gap 1 to 6 and the whole purport of the pleadings:

1) On June 20, 1996, the network D and network E are land indicated in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) between the Defendant and the Defendant related to the network D and each of the parties.

(2) The network D and the network F were all dead, and the Plaintiffs and Nonparty G were co-inheritors as co-inheritors.

B. According to the above facts, according to the above sales contract, the defendant is obligated to implement the registration procedure for ownership transfer of each real estate of this case to each of the plaintiffs, the heir of the deceased, according to the above sales contract.

2. Determination on the Defendant’s assertion

A. The Defendant, while receiving KRW 250 million of the purchase price of each of the instant real estate, became aware that the value of each of the instant real estate was equivalent to KRW 300 million, and requested the network to pay the difference, did not comply with the procedures for the registration of ownership transfer of the instant real estate because it did not comply with the net D and thus, the Defendant’s claim cannot be complied with before receiving the difference.

As seen earlier, as seen earlier, the Defendant appears to have received the full payment of KRW 250 million according to the sales contract of each of the instant real estate. As so, as alleged above, the Defendant cannot be deemed to have denied the obligation to implement the registration of transfer of ownership under the said sales contract solely on the ground that the said paid sales amount is less than the actual value of each of the instant real estate. Therefore, the above assertion is without merit.

B. Preliminaryly, the Defendant asserts to the effect that G acquired the right to claim the transfer registration of ownership of each of the instant real estate by transferring the instant real estate to G prior to the death of G.

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