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(영문) 대전지방법원서산지원 2020.01.29 2018가단5418
소유권이전등기 등
Text

1. Defendant D’s KRW 10620,00 and its amount are 15% per annum from March 5, 2019 to May 31, 2019.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence No. 1 to 5, Eul evidence No. 1 to 3, and Eul evidence No. 1 to 3.

On April 27, 2007, the Plaintiff agreed to specify the size and location of Defendant D’s land owned by the Plaintiff at the expense of the Plaintiff between Defendant D and Defendant D on April 27, 2007, and purchase them at KRW 90,00 per square year.

B. In addition, on May 18, 2007, the Plaintiff and Defendant D entered into a contract with Defendant D to purchase KRW 147 square meters out of KRW 1167 square meters, 33 square meters out of KRW 737 square meters, and 16 square meters out of KRW 5,310,00,000,000 from the total amount of 1167 square meters out of the total amount of 1167 square meters prior to Seocho-si, Seosan-si, G, and 655 square meters prior to H (hereinafter “instant sales contract”), on the same day,

However, Article 1 of the sales contract of this case provides that "A seller refers to "A", "A" refers to the buyer, prepare this real estate sales contract, and if A breaches the contract, he/she compensates for the down payment and compensates for the down payment when B breaches the contract."

C. Following the combination of the area of 655 square meters and 737 square meters prior to H in Seosan-si, Seosan-si, thereby becoming one of the 1392 square meters prior to H. In other words, the area of 802 square meters prior to I was divided, and ultimately, the area was 590 square meters prior to H.

However, on February 4, 2016, Defendant C purchased H land, G land, F land, and its ground, including the land indicated in the separate sheet from Defendant D on February 4, 2016, in the purchase price of KRW 100 million, and completed the registration of ownership transfer with respect to the F. F. 1167 square meters prior to March 4, 2016.

In addition, Defendant C was notified of the instant sales contract by Defendant D at the time of the said sales contract.

E. However, although the qualification certificate of Defendant C’s acquisition of farmland for part of the land subject to a sales contract concluded between the Defendants is issued or the land category is changed to the site, the registration of ownership transfer can be completed in Defendant C.

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