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(영문) 인천지방법원 2016.09.23 2014가합14760
공유자전원지분전부이전등기말소등기등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 110,000,00 and KRW 80,000 among them, from September 10, 2013 to September 2016.

Reasons

1. Basic facts

A. On August 23, 2013, Defendant B and six others sold the building listed in the separate sheet (hereinafter “instant building”) to the Plaintiff in the purchase price of KRW 80 million. However, a sales contract was concluded to the effect that KRW 30 million for the first intermediate payment of KRW 40 million on the date of the contract, and the date of the contract, KRW 40 million for the first intermediate payment of KRW 40 million on August 26, 2013, and the remainder (the second intermediate payment column is stated in the contract but the balance is not indicated, and it is deemed the balance) KRW 10 million on September 3, 2013.

Article 7 (2) of the sales contract provides that, unless there is a separate agreement in the event of the rescission of the contract, the buyer is subject to forfeiture of the down payment and the seller is liable for a double of the down payment if the buyer is in breach of the contract.

In this case, "the above sales contract" is "the sales contract of this case".

A person shall be appointed.

B. The Plaintiff transferred from H’s account to H’s account, KRW 30 million on August 23, 2013, KRW 30 million on August 26, 2013, KRW 30 million on August 26, 2013, and KRW 10 million on August 28, 2013, and transferred KRW 10 million to J’s account on September 10, 2013.

C. K died on October 2, 2014, and Defendant C succeeded to the shares of K on the instant building by agreement and division.

[Ground of recognition] Evidence Nos. 1, 4, and 5-2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendants concluded the instant sales contract, and the Plaintiff paid KRW 80 million with the purchase price to L who represented the Defendants. As such, the Defendants are obligated to transfer ownership of the instant building to the Plaintiff without any limited real right, such as collateral security.

On February 3, 2014, the provisional attachment registration of M and N was made on February 3, 2014, and on April 30, 2014, the provisional registration of the O's right to claim the full co-owners' right to claim the transfer of all co-owners' right to share was made on August 27, 2014, and on November 16, 2015, the registration of the establishment of a mortgage was completed with Defendant B as a collective security holder on December 2, 2014.

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