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(영문) 수원지방법원 2019.01.18 2018가단516790
지분이전등기절차이행
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. H et al., including the plaintiffs, and 16 others (hereinafter "the buyers of this case"), were intended to establish a factory at the G/J level around 2002, and permission was granted from G/J level on the condition that no green belt exists in each site within a factory permission area belonging to a planned control area and that a park and a parking lot site was created and shared with the general public.

B. At the time, according to the notification of the plan for the installation of the above infrastructure and the conditions for the installation of infrastructure, the green area (park and parking lot sites) to be used for public purposes was secured, and used for public use with neighboring residents after completion of the construction of factories and infrastructure.

C. Around December 2002, the instant buyers entered into a contract with the Defendant to purchase KRW 200 million from the Defendant a purchase price of KRW 200 million (hereinafter “instant sales contract”) by dividing the said land into L with a size of 2,645 square meters (30 square meters out of the above land on August 29, 2005, and became each land listed in the separate sheet; hereinafter “each of the instant land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11, 12, 16 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Since the purchaser of this case, including the plaintiffs' assertion, concluded the sales contract of this case with the defendant to acquire ownership of each share listed in the separate sheet among the land of this case, the defendant is obligated to implement the registration procedure for transfer of ownership based on the sales contract of this case with respect to each share of the land of this case.

3. We examine, ex officio, whether the instant lawsuit is lawful or not.

In the event that several persons jointly purchase real estate, the legal relationship between the buyers is merely a co-owner, and the seller is merely a co-owner, and the buyer's share is against the buyer.

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