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(영문) 대전지방법원천안지원 2019.08.23 2018가합103894
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On April 23, 2015, the Plaintiffs entered into a sales contract with the Defendant on the purchase price of KRW 1.255 billion for each real estate listed in the separate sheet, and each building permit, etc. for neighborhood living facilities scheduled to be constructed on the ground thereof, as indicated in the separate sheet.

(hereinafter “instant sales contract”). B.

On April 23, 2015, the Plaintiffs paid KRW 70 million to the Defendant, and KRW 50 million from the intermediate payment on June 4, 2015. On June 4, 2015, the Defendant completed the registration of co-ownership of the Plaintiff’s share on the Plaintiff’s share of KRW 960,752/2,332,564 (hereinafter “the access road of this case”).

C. On July 12, 2018, the Defendant asserted that “the instant sales contract was rescinded by the Defendant’s declaration of intent of rescission due to the Defendant’s nonperformance of obligation, such as nonperformance of obligation to cooperate,” and sought confirmation on the cancellation of the instant sales contract against the Plaintiffs, and filed a lawsuit seeking implementation of the procedure for registration of cancellation of the co-ownership share registration as to the access road of this case with the Plaintiff as the restoration due to the cancellation of the contract. On March 12, 2019, the said court decided to recommend reconciliation as follows, and the Plaintiffs and the Defendant did not raise any objection and became final and conclusive as they did not raise any objection.

(hereinafter referred to as “instant recommendation”) 1. The Defendant, by April 30, 2019, to the Plaintiffs by April 30, 2019:

A. On September 15, 2003, receipt No. 3036 on September 15, 2003, the registration of creation of neighboring superficies No. 36796 on August 17, 2016, the registration of creation of superficies No. 36796 on August 17, 2016, are cancelled;

(b) revoke the enforcement of the provisional attachment order of 2018Kahap5066 dated July 10, 2018 between the Defendant and E with respect to the real property listed in paragraph 1 of the same list;

(c) As to each real estate listed in paragraphs 1 through 3 of the same list and 851/1,447 shares of the real estate listed in paragraph 4.

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