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(영문) 창원지방법원 2018.01.10 2017나55364

가등기에 기한 본등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff leased KRW 84,100,000 to D, the Defendant’s husband, from July 4, 2005 to July 28, 2005.

(hereinafter “instant loan”). (b)

In order to secure the repayment of the instant loan on December 30, 2005, the Plaintiff and the Defendant made a promise to sell the instant real estate to the Plaintiff at KRW 25,332,000, with the consent of the Plaintiff. The date of completion of the sale and purchase of the instant real estate shall be December 31, 2006, and the said date shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the sale and purchase (hereinafter “the instant promise”). On the same day, the Defendant completed the registration of transfer of ownership claim provisional registration (hereinafter “the instant provisional registration”) on the ground of the instant promise by the Changwon District Court’s Cheongwon District Court’s 17435, Dec. 30, 2005.

1) The Plaintiff filed a claim against the Defendant for the execution of the provisional registration procedure (hereinafter “instant prior suit”) by asserting that “The Plaintiff purchased the instant real estate after paying KRW 80,000,000 in purchase price, and then completed the provisional registration of this case in order to preserve the right to claim for ownership transfer registration, and the Defendant expressed his/her intention to complete the pre-sale agreement on April 20, 2015.” As such, the Defendant filed a claim against the Defendant for the execution of the provisional registration procedure for provisional registration (hereinafter “instant prior suit”).

(2) On June 24, 2015, the above court rendered a judgment in favor of the Plaintiff on favor of the Plaintiff without pleading.) Accordingly, the Defendant appealed as the Changwon District Court 2015Na33094, and asserted that “the provisional registration of this case is a provisional registration to secure the Defendant’s husband’s obligation to the Plaintiff, and D has repaid the secured obligation on December 25, 2010,” and the above court rendered the instant judgment on May 25, 2016.