토지소유권이전등기 등
1. The part of the Plaintiff’s lawsuit against Defendant A regarding the claim for confirmation of provisional registration for security shall be dismissed.
2. Defendant Down Construction.
1. Determination as to the claim against Defendant Down Construction Co., Ltd.
A. A. Around April 26, 2010, the Plaintiff purchased each of the land listed in the separate sheet owned by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) in the separate sheet owned by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at KRW 4.5 billion (hereinafter “the instant purchase”) due to no dispute between the parties. Thus, the Defendant Co., Ltd is liable to implement the procedure for the registration of ownership transfer for each of the instant land on April 26, 2010, to the Plaintiff, barring any special circumstance.
B. As to this, the Defendant Company’s defense of simultaneous performance that the Plaintiff could not comply with the Plaintiff’s claim until the full payment of the purchase price was made from the Plaintiff, the obligation to pay the remainder in the real estate sales contract and the obligation to transfer ownership are generally related to simultaneous performance.
However, in full view of the purport of arguments in the statements in Gap evidence Nos. 4 and Eul evidence Nos. 4-1 through 6, the defendant company at the time of the conclusion of the contract of this case shall, within three months after the conclusion of the contract of this case, cancel the registration of provisional registration, provisional seizure, seizure, provisional disposition, etc. already completed with respect to each of the land of this case (Article 3-2 of the certificate of provisional registration (Evidence No. 4-2 of the certificate of provisional registration) and the transfer of all the rights to each of the land of this case without delay (Article 4-2 of the above certificate of provisional registration, provisional seizure, seizure, provisional disposition, etc.), the plaintiff agreed to pay the part payment and balance of this case to the defendant company within one month after the cancellation of the registration (Article 1-3 of the above certificate of provisional registration) (Article 1-3 of the above certificate of provisional registration), and the defendant company cannot be deemed to have a duty to pay the remaining price of the plaintiff and the concurrent performance of ownership transfer registration of the defendant company.