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(영문) 부산지방법원 2016.05.25 2015가합43014 (2)
소유권이전등기
Text

1. The defendants are paid KRW 25,000,000 from the plaintiff, and at the same time they are paid to the plaintiff 5.5.

Reasons

1. Basic facts

A. Defendant B, C, D, Nonparty G, H, I, and J are co-owners possessing one eight-eight of shares of F.M. F. F. 5,866 square meters in Busan-gu (hereinafter “instant land”). Defendant E is the denial of the above H, which is between the Defendants and the South-North land.

B. On December 18, 2014, the Plaintiff concluded a sales contract with the Defendants’ agent to purchase 4/8 of the instant land at KRW 500,000,000,000 on the date of the contract (hereinafter “instant sales contract”) to pay the remainder of KRW 200,000,000 on December 26, 2014, and the remainder of KRW 100,000 on March 31, 2015 (hereinafter “instant sales contract”).

However, the Plaintiff and H drafted a sales contract stating the purchase price as KRW 650,000,00 higher than the actual purchase price (hereinafter “business contract”).

C. On December 26, 2014, the Plaintiff paid the intermediate payment of KRW 200,000,000 to H, respectively, on the date of conclusion of the instant sales contract, and the intermediate payment of KRW 200,000,000, to the Defendants’ agents.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Judgment as to the main claim

A. According to the above facts of determination as to the cause of claim, the Defendants are obligated to pay the remainder of KRW 25,000,000 for each of the remainder of the purchase price from the Plaintiff, and to implement the procedure for ownership transfer registration for each of the instant land on December 18, 2014 to the Plaintiff, except in extenuating circumstances.

B. As to the Defendants’ assertion of intent by mistake 1 in determining the Defendants’ assertion, at the time of the instant sales contract, the Defendants: (a) registered the inheritance in the name of G in the future of Defendant E; and (b) registered the transfer to the Plaintiff; and (c) it is the wind to mislead the Defendants that Defendant E, who was the representative of the Defendants, did not succeed to the shares of G, despite the fact that Defendant E, who was the representative of the Defendants, cannot inherit.

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