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(영문) 서울중앙지방법원 2020.04.17 2019나18807
소유권이전등기의 말소등기절차이행등 청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On February 1, 2012, the Plaintiff acquired ownership by completing the registration of ownership transfer on the land owned by the Plaintiff (hereinafter “Plaintiff”) with the area of 159 square meters and 2149 square meters for F forest and forest land located in Gyeong-do, Seo-do, Seo-do.

① On January 14, 2014, a part of the said D land was divided into 14 square meters, and the registry was closed (hereinafter “instant land”). ② The land remaining after part of the F forest 2149 square meters was divided into 53 square meters in G forest and field was divided into 161 square meters in a size of 1761 square meters in a size (hereinafter “instant 2 land”); ③ the said G forest 53 square meters was divided into 348 square meters in a forest and field, and the area was divided into 1765 square meters in a size of 145 square meters in a warehouse on January 14, 2014; and ③ the said G forest 53 square meters in a size of 185 square meters in a size of forest and field was divided into 185 square meters in a size of forest and field.

(hereinafter referred to as the “third land of this case” and each of the said lands D, F, and G are “each of the instant lands” (hereinafter referred to as “each of the instant lands”).

As to each of the instant lands (area 590 square meters, building No. 310 square meters, building No. 590 square meters, building No. 310 square meters) entered into between the Plaintiff and the Defendants and M on December 26, 2012, the sales contract was entered into between the Plaintiff and the Defendants on February 26, 2012, stating that the seller shall be the Plaintiff, the buyer, and the Defendant C, and that the said amount shall be collected as the down payment for land sale.

(2) On February 10, 2014, the agreement of February 10, 2014 (the first agreement of this case) on each of the instant lands and buildings was drafted as follows, with regard to the seller’s M, the Plaintiff and the buyer’s agreement on February 10, 2014.

1. The total amount of the purchase price for the above real estate shall be the sum of the debts secured by the above real estate and the debts secured by the re-registered provisional seizure, etc., the sum of the debts, 100,000,000 won, and the amount which will be newly constructed on the same ground, and the amount which will include the substitute of the above 10 units of tenement house,

2. Of the above purchase price of KRW 100,000,000, KRW 20,000 was already received by the seller on December 26, 2012, as in the separate agreement, as in the separate agreement.

3. Of the remainder, 30,000,000 won shall be the registration of transfer of the said real estate.

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