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(영문) 전주지방법원 2019.02.22 2018가단19165

가등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, D, and the Plaintiff is E’s father, F is the husband of D, and the Defendant is C’s husband.

B. On December 30, 2013, the Plaintiff completed the registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “instant land and building”) with the Jeonju District Court No. 394, Jan. 2, 2014, which was prosecuted on December 30, 2014.

C. On November 4, 2014, Defendant and F completed the registration of the ownership transfer claim under the Jeonju District Court’s indictment on November 4, 2014 as to the instant land and building on the ground of the pre-sale reservation.

Nonparty F filed a lawsuit against the Plaintiff, B, and G seeking the cancellation of ownership (hereinafter “prior case”) for the following purposes:

1. Defendant A (referring to the Plaintiff in this case)

A. On January 2, 2014, the procedure for registering the cancellation of the ownership transfer registration completed on January 2, 2014, which was completed on January 394, 2014; and

(b) the above real estate is transferred;

(c) 11,875,00 won and the amount equivalent to 20% per annum from the day following the service of a copy of a complaint to September 20, 2015, and 15% per annum from the day following that to the day of complete payment;

D. It shall pay 800,000 won per month from January 17, 2015 to the delivery date of the instant real estate.

2. The plaintiff

A. Defendant B (referring to the Defendant in the instant case) implements the procedure for registration of cancellation of the provisional registration of the right to demand compensation based on the trade reservation completed on November 4, 2014, which was received on November 4, 2014, pursuant to the former Jeju District Court’s indictments, all-round indictments, and the building

B. As to each of the instant real estate, Defendant G will implement the procedure for the registration of ownership transfer on December 30, 2013.

E. As to the preceding case, conciliation was concluded with the following contents:

(hereinafter “Mediation of Prior Case”). Conciliation Clause

1. The Plaintiff (F) is the Jeonju District Court with respect to each of the instant real estate until April 6, 2018.