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(영문) 서울중앙지방법원 2014.12.23 2014가단5103025
소유권이전등기
Text

1. The defendant shall receive KRW 190,000,000 from the plaintiff and at the same time, the list of attached real estate 1, 2, 3, and 3 of the plaintiff.

Reasons

1. Facts of recognition;

A. On March 31, 2005, the Plaintiff and the Defendant jointly purchased the same amount of KRW 3,676 square meters in total as KRW 550,00,000,00,00,000 for KRW 744 square meters in Pyeongtaek-gun, Gyeonggi-do, E, KRW 1,607 square meters in total, KRW 95 square meters in total, and KRW 330 square meters in G.

B. On March 31, 2005, with respect to the land size of 744 square meters and 1,607 square meters in Gyeonggi-gu, Gyeonggi-do and the E preceding 1,607 square meters, the registration of ownership transfer was made under the names of the Plaintiff and the Defendant. However, due to the error of a certified judicial scrivener, the registration of ownership transfer was made under the name of the Plaintiff’s sole name, and the land size of 330 square meters in the G prior to the

C. On June 8, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the Defendant’s shares in KRW 275,000,000 (hereinafter “instant sales contract”) and paid KRW 85,00,000 as down payment and intermediate payment.

On April 16, 2014, Gyeonggi-do D major 744 square meters was divided into D major 323 square meters and H major 421 square meters. The 1,607 square meters before E was divided into 1,60 square meters on April 2, 2013 and 186 square meters before E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership for sale on June 8, 2012, with respect to the real estate in the attached list Nos. 1, 2, 3, 4, and 1/2 shares of the real estate in the attached Table Nos. 1, 2, 3, 4, and 1/5 of the real estate in the attached Table Nos. 1, 2, 200,000 won (275,000 won - 85,000 won) from the Plaintiff.

The first and the Defendant stated that the land jointly purchased is four parcels, and the receipts prepared at the time of the instant sales contract shall be J 774m2, Gyeonggi-do. However, the instant sales contract was to be purchased by the Plaintiff among the land jointly purchased by the Plaintiff and the Defendant, and thus, the intent of the Plaintiff and the Defendant is definitely owned by the Plaintiff as a mistake of a certified judicial scrivener, and are registered in the name of the Defendant among the three lots of real estate except that registered under the Plaintiff’s sole name.

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