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(영문) 대전지방법원서산지원 2014.08.12 2013가단7693

가등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 17, 2011, the Plaintiff entered into a pre-sale contract between the Plaintiff and Nonparty B with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on September 9, 201, the purchase price of which is KRW 800 million and the date of completion of the purchase and sale shall be September 9, 2011; when the date of completion of the purchase and sale, the sale is completed as a matter of course without the consent of completion of the purchase and sale, and B entered into a pre-sale contract with the Plaintiff as a deposit of the pre-sale, and B paid KRW 110 million to the Plaintiff on the same day (hereinafter “instant pre-sale contract”), and B paid KRW 110 million to the Plaintiff on the same day with respect to the instant real estate on June 20, 2011.

3) B paid KRW 30 million to the Plaintiff around August 18, 201. (b) B, around May 2012, prior to the instant provisional registration against the Nonparty Co., Ltd., Ltd. (hereinafter “BP”), B demanded the Plaintiff to deliver to the Plaintiff all documents so that the Plaintiff can complete the registration of ownership transfer of the instant real estate, as it is deemed that the Plaintiff would transfer the right to claim ownership transfer of the instant real estate to the Nonparty Co., Ltd. (hereinafter “B”), and around May 18, 2012, the Plaintiff issued to B a letter of delegation as to the application for registration of real estate sale, a certified seal impression, a certified copy of resident registration, the Plaintiff’s seal imprint, and a copy of the real estate sales contract and resident registration certificate, signed and sealed the Plaintiff’s seal imprint and affixed all other matters.

B around May 21, 2012, around 2012, transferred the right to claim the ownership transfer of the instant real estate to A&C farms, and No. 28485, Jun. 25, 2012, the Daejeon District Court received the competent registry office.