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(영문) 서울중앙지방법원 2016.09.05 2015가합574985

가등기말소

Text

1. On September 201, 2012, the Defendant issued a registry office of the Seoul Central District Court with respect to each real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

(a) A medical corporation C (the trade name before the change: medical corporation D, medical corporation E, and hereinafter referred to as “foreign medical corporation”);

) At the time of leisure, the G Hospital is a legal entity that establishes and operates the G Hospital in F, and is entrusted with the H Hospital. The I was employed as a director of a non-party medical corporation and retired on or before December 201, and the Plaintiff is the spouse of I. 2) The Defendant is a person who engages in construction business, etc. in the trade name called “J”.

B. On September 24, 2012, I has completed the registration of the preparation of a pre-sale agreement and the right to claim transfer of ownership. 1) On September 24, 2012, I shall provide each of the real estates listed in the separate sheet with the Defendant

(A) As regards the following, a pre-sale agreement (Evidence A 12) was prepared (hereinafter referred to as “instant pre-sale agreement”).

(1) Article 1(1) of the Act provides that “The Defendant shall sell each of the instant real estate at KRW 400 million to the Defendant, and the Defendant shall consent thereto.” Article 2 of the Act provides that “The Defendant shall pay the deposit money under the preceding Article to I and received KRW 400 million in increased amount.” Article 3 of the Act provides that “If the Defendant pays the amount equivalent to the amount of the deposit money under the preceding Article and the amount of the damages agreed upon between the parties by September 24, 2014, this reservation shall be rescinded; hereinafter the same shall apply)” and “the provisional registration of the right to claim transfer of ownership on September 25, 2012, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “each of the instant provisional registration”).

C. The inheritance I of each of the instant real estate died on June 16, 2014, and the Plaintiff acquired each of the instant real estate due to an inheritance due to an agreement division.

[Ground of determination] The facts without dispute, Gap 1-3, 12-14 evidence, Eul 10 evidence, witness K's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows, the Defendant is obligated to implement the procedure for the cancellation registration of each provisional registration of this case for the following reasons.

1 With respect to each of the instant real property, I shall perform compulsory execution on September 2012.