가등기말소
1. The Defendant (Counterclaim Plaintiff) shall have the Chuncheon District Court regarding each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 7, 1990, the Plaintiff entered into a pre-sale agreement with the Defendant with regard to the purchase price of KRW 4.5 million with respect to the land of KRW 2846,000,000 (hereinafter “land prior to the division”), which is one’s own ownership, for the following content:
Section 2. The contractor shall pay 3.5 million won as the deposit money of this Agreement to the seller, and the seller shall have received the amount in advance.
Article 3 If the buyer pays the deposit money under the preceding Article and the amount of damages agreed upon between the parties to the purchase by July 15, 1990, this reservation shall be rescinded. If the buyer fails to pay the said amount by such deadline, the buyer shall be deemed to have expressed his/her intention to complete the sale on the following day after the end of the said period, even if the parties did not express their intention otherwise, and the ownership of the subject matter of the contract shall be entirely transferred to the buyer, the buyer shall deliver the subject matter without any restriction of the real right, and the buyer shall also implement the procedure for ownership transfer registration.
When a declaration of intention to complete a trade under the preceding Article has been made, the deposit received by the purchaser and the amount of loss agreed in advance between the parties shall be appropriated for the purchase price of the goods.
Article 5. The contractor shall implement provisional registration procedures to protect the purchaser's right to claim transfer of ownership under this Agreement.
B. On June 190, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with regard to the land before subdivision with the Defendant, with the sales amount of KRW 4.5 million (the contract amount of KRW 1 million, the payment of KRW 1 million, the intermediate payment of KRW 2.5 million on June 7, 1990, the payment of KRW 2.5 million on June 20, 1990, the remainder of KRW 1 million, and the payment of KRW 1 million on July 15, 1990).
C. As to the land before subdivision on June 22, 1990, the provisional registration of the right to claim ownership transfer under the Defendant’s name on the ground of trade reservation on June 7, 1990 (hereinafter “the provisional registration of this case”).