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(영문) 서울중앙지방법원 2017.07.20 2016가단75808

가등기에 기한 본등기

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1. On July 2015, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, a vice registry office of the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff agreed to receive KRW 30 million from the Defendant until August 31, 2015, upon receipt of the Defendant’s request from the Defendant for prompt demand for the promotion of the project to remodel and sell the D building underground markets located in Jung-gu Seoul Metropolitan Government, and paid KRW 20 million to the Defendant.

(hereinafter “instant contract amount”). B.

On June 30, 2015, the Plaintiff and the Defendant promised to sell each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) to the Plaintiff at KRW 30 million, and agreed by the Plaintiff. On August 31, 2015, the date of the pre-sale agreement is the date of completion of the sale agreement, and the date of completion of the sale agreement is deemed August 31, 2015. The Plaintiff concluded a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the effect that “the sale is naturally completed even without the Plaintiff’s declaration of intent to complete the sale agreement.”

On the same day, the Defendant completed the provisional registration of the right to claim ownership transfer registration based on the purchase promise as Seoul Central District Court No. 34627 with respect to the real estate in this case to the Plaintiff.

(hereinafter “the instant provisional registration” (hereinafter “the instant provisional registration”).

On May 31, 2016, the Plaintiff sent to the Defendant a written notification stating that “The sales contract was completed as of August 31, 2015, which was the date of the completion of the instant sales contract,” and thus, the Plaintiff sent to the Plaintiff by content-certified mail.

Based on the officially assessed individual land price in 2015, the value of the instant real estate as at the time of the reservation to sell and purchase the instant land portion is 27,820,000 won, and the value as at May 31, 2016, calculated based on the officially assessed individual land price in 2016 and the standard market price of the instant real estate is 33,311,609 won (the site portion is 28,080,000 won, the building portion is 5,251,609 won).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, and the purport of the whole pleadings.