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(영문) 수원지방법원 2016.02.18 2014가단538990
소유권이전등기
Text

1. The Plaintiff:

A. Defendant D’s share on July 15, 2003 with respect to the Plaintiff’s real estate indicated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On July 15, 2003, the Plaintiff purchased seven parcels, such as G 311 square meters, and its ground factory buildings (hereinafter referred to as “the instant sales”) from the Defendants and F, on August 6, 2014, as divided into real estate listed in the separate sheet (hereinafter “instant real estate”).

The Defendants and F are co-ownership owners of one sixth of each of the above real estate.

The purchase price for the instant real estate shall be KRW 75 million for each defendant, as KRW 12.5 million.

After the sale of this case, the Plaintiff completed the registration procedure for ownership transfer on November 25, 2003 with respect to the remaining land and factory buildings except the real estate of this case, but did not complete the registration procedure for ownership transfer.

Meanwhile, the shares of Defendant B, among the instant real estate, were transferred to H by the public sale procedure on July 17, 2013, and one-third of the shares of Defendant C were transferred to I by the final judgment on November 8, 2007, and two-third of the shares were transferred to I by the public sale procedure on May 29, 2012.

[Reasons for Recognition] Defendant D, A, E: A1, 2, 3, 1, 2, 1, and 2; the purport of the entire pleadings; Defendant B, and C: Confession

2. According to the above facts of recognition as to the claims against Defendant D, B, and C and the main lawsuit against Defendant A and E, and the counterclaim claims against Defendant A and E, barring any special circumstance, Defendant D, A, and E are obligated to perform the registration procedure for transfer of ownership based on the sale of the instant real estate with respect to one sixth portion of each of the instant real estate.

In addition, Defendant B and C’s obligation to take procedures for the registration of ownership transfer was impossible. Since the Plaintiff cancelled the sales contract of the instant real estate by serving a duplicate of the complaint, Defendant B and C’s obligation to restore each of the instant real estate to its original state, as sought by the Plaintiff, from July 17, 2013 to February 9, 2015; Defendant C and from May 29, 2012 to January 7, 2015, respectively, from the following day to the original state.

9. 20% per annum until 30.0% from the next day.

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