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(영문) 의정부지방법원고양지원 2016.08.24 2014가단42151
공유자전원지분전부이전등기말소등기 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for seven million won and to Defendant B, D, F, and G from March 10, 2014.

Reasons

1. The Defendants of the basic facts and the network H (the network H died on October 2, 2014, and the Defendant C was inherited by means of an agreement division) are co-owners based on the respective 1/7 shares of 1,100 square meters (i.e., I large 394 square meters on May 11, 2012, J large 86 square meters, and K 620 square meters on May 11, 201; hereinafter “instant land”).

On January 30, 2012, the Defendants concluded a sales contract with L and the instant land at KRW 1.665 billion. On February 15, 2012, the Defendants agreed to complete the registration of ownership transfer when the purchaser newly constructed a building under the name of the seller and sold it in lots and the purchaser pays the remainder.

On March 1, 2012, Defendant B, in the name of “B and six others”, drafted a power of delegation to L Co., Ltd. (L appears to be the same subject as L in fact as L, as L Co., Ltd. (L is a party to the above contract, and as such, all of the following are not classified and stated as “L”) that “as a seller of the instant land, delegate construction and sales to the purchaser.”

On March 1, 2012, L entered into a contract for the sale of multi-family housing (OP) constructed on the land between M and N.

L around that time, L began with the construction of three multi-family housing units on the land (hereinafter “instant multi-family housing”) with the Defendants as the owner of the building.

On April 20, 2012, the Defendants issued L on April 18, 2012 the registration of the right to claim the transfer of all co-owners' shares of the instant land due to the pre-sale agreement.

(O) On the other hand, on February 3, 2014, the Plaintiff entered into a contract with L (AB) to purchase 201, 202, and 302 of the instant apartment units among the instant apartment units, and paid 2 million won as the down payment.

Since then, the Plaintiff decided to purchase only the above 201 units between L and L, and decided to waive 202 and 302 units, and as part payment on February 14, 2014.

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