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(영문) 대구지방법원경주지원 2016.06.14 2015가단13129
공유자전원지분전부이전청구권가등기말소등
Text

1. Defendant C received on June 29, 201, from the Plaintiffs, the Daegu District Court racing support for the size of 4066 square meters of forest E in racing-si.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 5, 6, and 7 (including paper numbers) and the whole purport of the pleadings:

The Plaintiffs shared 1/2 shares of 406 square meters of forest E in racing-si (hereinafter “instant land”).

B. On June 29, 2011, the Plaintiffs concluded a pre-sale agreement with Defendant C on the instant land (hereinafter “instant pre-sale agreement”).

The Plaintiffs and Defendant C agreed that the sales amount of KRW 110,00,000 (However, the pre-sale agreement entered the sales amount in KRW 2,00,000) in the pre-sale agreement of this case and the date of completion of the pre-sale agreement as of December 31, 201, and simultaneously implement the procedures for ownership transfer registration.

C. On June 29, 201, Defendant C completed the registration of the right to claim the transfer of all co-owners’ share in the instant land based on the instant trade reservation.

Defendant D is an infant of Defendant C.

On March 20, 2013, Defendant D entered into a sales contract with the Plaintiffs to purchase the instant land in KRW 110,000,000, as a new purchaser on behalf of Defendant C, based on the instant sales agreement (hereinafter “instant sales contract”).

In the instant sales contract, the Plaintiffs and Defendant D agreed that the seller shall pay the intermediate payment to the seller (if there is no intermediate payment agreement, the remainder shall be repaid as an amount equal to the down payment, and the buyer may waive the down payment and rescind the respective contract. In addition to the above agreement, the Defendant D shall complete the registration of ownership transfer on the instant land at the same time as the registration of ownership transfer is completed, and if Defendant D did not pay the balance by December 30, 2014, the registration of ownership transfer shall be cancelled. All of the registration expenses shall be borne by Defendant D and the sales contract of this case is canceled.

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