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(영문) 서울동부지방법원 2015.12.23 2015가단19378

가등기에 기한 본등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. As the cause of the instant claim, on November 26, 2003, the Plaintiff purchased 1/4 shares in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant shares in land”) from the Defendant and paid in full the purchase price of KRW 17,000,000 from the Defendant, Seongdong-gu Seoul Metropolitan Government, which is owned by the Defendant. At the time, the Defendant could not immediately complete the registration of ownership transfer with respect to the instant shares in land, and the Defendant first entered into an agreement with the Plaintiff on November 27, 2003 on November 27, 2003, on the provisional registration for the instant shares in land (hereinafter “the instant provisional registration”), and concluded on November 30, 2006.

Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on November 30, 2006, based on the provisional registration of this case with respect to the share in the land of this case, to the plaintiff.

B. On November 26, 2003, the Plaintiff’s assertion is premised on the premise that the Plaintiff and the Defendant entered into a sales contract for the instant land shares and paid the purchase price in full. However, the following circumstances acknowledged by the entry in the evidence Nos. 1 and 2, namely, the grounds for registration of the instant provisional registration are indicated as “sale reservation on November 26, 2003.” According to the sales contract attached at the time of the application for provisional registration of this case, the Defendant promised to sell the instant land shares for KRW 17,00,000 to the Plaintiff on November 26, 2003 and agreed to the Plaintiff on November 26, 2003, in addition to the Plaintiff’s agreement, the Plaintiff’s payment of deposit money to the Defendant is written in the same sentence, but the Plaintiff’s payment of deposit money remains in blank column. In light of the following circumstances, the Plaintiff’s share in the purchase and sale contract was entered into between the Plaintiff and the Defendant on March 26, 2003.