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(영문) 인천지방법원 2017.02.10 2016가합54908
소유권이전등기
Text

1. The defendant trade the plaintiffs on January 7, 2016 with respect to the share of 1/2 of each real estate listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. 1) On January 7, 2016, Plaintiff A entered each of the real estates listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estates”) from the Defendant on January 7, 2016.

2) The sales contract for the purchase price of KRW 1.2 billion is concluded (hereinafter “instant sales contract”).

(2) At the time of the instant sales contract, Plaintiff A, at the time of the instant sales contract, provided that: (a) the intermediate payment of KRW 120 million out of KRW 1.2 billion was paid on February 16, 2016; and (b) the remainder of KRW 880 million was paid on April 20, 2016. (b) At the time of the instant sales contract, Plaintiff A, at the time of the instant sales contract, provided that the buyer was the Plaintiff Nonparty A and the buyer, and provided the remainder of the buyer’s personal information to the Defendant by the remainder date.

3) The Plaintiffs filed the instant lawsuit with the Defendant seeking the registration of ownership transfer on the grounds of the instant sales contract, premised on the premise that they are joint buyers of the instant sales contract. The instant warden reached the Defendant on July 18, 2016. [Evidence A, Evidence A Nos. 1 and 2-1 through 4, Evidence A No. 3-1, 2, and 3-1, 3-2, and the purport of the entire pleadings.

B. According to the above facts of recognition, the defendant is obligated to implement the registration procedure for transfer of ownership on January 7, 2016 with respect to the share of 1/2 of each of the instant real estate to the plaintiffs, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the instant sales contract was rescinded on April 21, 2015, because Plaintiff A did not pay any balance and did not notify the personal information of the joint purchaser, and the Defendant expressed his/her intent to cancel the instant sales contract on or around April 21, 2015. On the other hand, the Plaintiff asserted that there were two graveyardss on each of the instant real estate on the ground of the remainder payment date, and confirmed that there was no graveyard by inspecting the cemetery register, etc. on the following day, but the Plaintiff notified Plaintiff A that the instant sales contract was rescinded on or around April 28, 2015.

In the end, it is eventually.

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