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(영문) 전주지방법원 2017.05.31 2016가단28509

가등기 회복등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a title trust agreement with D, who is its birth, to practically own the instant site, and to have D the name of its owner, and then purchased the instant site from D’s agent on June 29, 1995 in the name of D, and on August 5, 1998, the ownership transfer registration of D was completed on the instant site. (2) On November 4, 1999, the instant provisional registration was completed on the instant site under the Plaintiff’s name on November 4, 1999. The grounds for registration was a trade promise on November 2, 199, and the real estate purchase promise (Evidence No. 5) prepared at the time of the instant provisional registration was stated as follows:

① Indication of real estate: The Plaintiff agreed to sell the instant real estate as KRW 370 million to the Plaintiff, a principal’s ownership, of the instant purchase and sale of real estate at KRW 238,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(3) The Plaintiff paid 300 million won as the deposit money of this Agreement to D and received an increase in the amount.

(4) Article 2. (4) of this Agreement shall be rescinded if D pays the deposit money referred to in the preceding Article and the amount of damages agreed in advance to the Plaintiff not later than November 3, 2000. If D does not pay the said amount by the said period, it shall be deemed that the parties expressed their intent to complete the sale and purchase as of the day following the end of the said period, and that the ownership of the subject matter of this Agreement shall be entirely transferred to the Plaintiff, and D shall deliver the subject matter without any limited real right and implement the procedure for ownership transfer registration.

(5) The deposit money received as well as the amount of loss agreed in advance shall be real estate in accordance with the promise to trade in this case when the declaration of intention to complete the trade in this case was made.