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(영문) 대전지방법원공주지원 2019.09.26 2019가단20510
소유권이전등기
Text

1. The defendant is paid KRW 5,000,000 from the plaintiff A, and at the same time, each real estate listed in the separate sheet to the plaintiff A.

Reasons

1. Facts of recognition;

A. On July 14, 2004, the Plaintiffs purchased the E Forest land of KRW 23,107 square meters from Non-Party D (hereinafter “the deceased”) in order to purchase the land of KRW 210,000,000 (hereinafter “the instant sales contract”), the down payment of KRW 40,000,000 on the contractual date, and the remainder of KRW 170,000,000 on September 30, 200, respectively, and as a special agreement, purchased the total amount of KRW 6,992 and then brought about the seller’s division.”

B. The Plaintiffs paid to the Deceased KRW 40 million at the time of the instant sales contract with the purchase price, and KRW 90 million on September 14, 2004, respectively.

C. On December 22, 2004, each real estate listed in the separate sheet (hereinafter “instant real estate”) and F forest land was divided into 1,620 square meters prior to the partition, E forest land 23,107 square meters prior to the partition. D.

The Plaintiffs paid to the Deceased a total of KRW 70 million from April 19, 2005 to May 30, 2005.

E. The Deceased died on November 2, 2005, and the Defendant, a child, succeeded to the Deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (if there is a provisional number, including each number; hereinafter the same shall apply), Eul evidence 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the procedure for the registration of ownership transfer for each share of 1/2 with respect to the real estate of this case according to the sales contract of this case, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The Defendant’s assertion did not pay the deceased a balance of KRW 10 million. In addition, the Defendant paid KRW 5,1930,000,000 to the Defendant when completing the registration of transfer of ownership in order to resell the instant real estate to another person. As the Plaintiffs delayed the registration of transfer of ownership in order to transfer the instant real estate to the third person, the Defendant bears the Defendant’s burden.

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