(영문) 울산지방법원 2018.02.08 2016가합24297

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(영문) 울산지방법원 2018.02.08 2016가합24297

소유권이전등기말소 등

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1. The part of the Plaintiff B’s sub-project owner seeking consent to the cancellation of change of name shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. On February 1, 2016, the Defendant entered into a sales contract 1) each of the real estate listed in the Plaintiff A and the separate sheet No. 1 (hereinafter “each of the instant land”).

A) The real estate listed in the [Attachment B] and the [Attachment B] List (hereinafter “instant building”).

2) The sales contract for each purchase (hereinafter “instant sales contract”) is called the sales contract.

(2) Upon entering into a contract, the Defendant paid the Plaintiffs a total of KRW 116,400,000 as down payment, and the sales contract amount is KRW 600,000,000, and the down payment is KRW 116,400,000 at the time of entering into the contract, and the remainder amount is KRW 483,60,000 at the time of entering into the contract.

B. On May 30, 2016, the Plaintiff A completed the registration of ownership transfer based on the sale and purchase on April 29, 2016 with respect to each real estate listed in the separate sheet Nos. 1, 2, 4, and 6 among each land on May 30, 2016, and on August 5, 2016, the registration of ownership transfer based on the gift No. 3 listed in the separate sheet No. 1 attached hereto was completed on August 5, 2016.

C. The Plaintiff B completed construction permission and reporting of the owner on May 26, 2015, and thereafter the name of the owner was changed to the Defendant, and the Defendant completed registration of ownership preservation on August 19, 2016.

The Plaintiffs expressed their intent to automatically cancel the sales contract in the event that the Defendant did not pay the balance of the purchase price, such as the notice of the payment of the balance and the notice of the cancellation of the sales contract.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 4, and 6 (if there is a tentative number, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the legitimacy of the part of the Plaintiff B seeking consent to the cancellation of the change of name among the building owners.

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