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(영문) 울산지방법원 2017.04.26 2016나21841
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. At the preliminary claim of the plaintiffs added at the trial, the defendant.

Reasons

1. The court's explanation on this part of the basic facts is based on the first instance judgment's reasoning.

Except for the cases where “Ulsan District Court D” in paragraphs (1) through (2) is deemed to be “U, V (combined) of the Ulsan District Court,” the reasoning of the judgment of the first instance is the same as that of paragraph (1) of the same Article. Therefore, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the main claim

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration on September 17, 2014 (hereinafter “instant transfer agreement”) with respect to one fourth share of each of the instant real estate to the Plaintiffs, except in extenuating circumstances.

B. The summary of the Defendant’s defense 1) The Defendant agreed to pay KRW 90,00,000 to the Plaintiffs respectively, instead of nullifying the transfer agreement between the Plaintiffs and the Defendant, according to the purport of the written evidence No. 1 and the entire pleadings, pursuant to the transfer agreement of this case, the Defendant’s written evidence No. 1 and the entire purport of pleading are as follows: (a) on December 12, 2015, “the Defendant shall retain KRW 90,00,000 for each of the Plaintiffs as of September 20, 2014; and (b) redeem it until March 30, 2016. Notarial acts shall be performed in the notarial office located in Ulsan on December 16, 2015 and on July 17, 2016.”

(B) It is recognized that the plaintiffs prepared the transfer agreement of this case with the defendant, and instead, the fact that the defendant would pay the plaintiffs a sum of KRW 90,000,000,000 with interest, etc. added to the amount that the plaintiffs remitted to the defendant with the above sale price, etc. is not a dispute between the parties. (B) According to the above fact of recognition, the plaintiffs and the defendant prepared the cash custody certificate of this case on December 12, 2015, which is the existing debt under the transfer agreement of this case.

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