가등기말소등기
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
A. On April 14, 1989, with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”), the contractor C and the purchaser as the Defendant entered into a promise to sell and purchase the real estate (hereinafter “the instant promise”) with the following terms and conditions, and on April 26, 1989, the right to request the transfer of ownership stated in the purport of the claim based on the said promise was completely registered (hereinafter “the instant provisional registration”).
Article 1 Pre-contracted to sell the real estate of this case owned by the contractor to the purchaser, and the purchaser shall accept the pre-contracted.
2 The contractor for the purchase of Article 2 shall pay 1 million won as the deposit money of this Agreement to the contractor for the sale, and the contractor for the sale shall have received the amount in advance.
Article 3 If the contractor pays the deposit money referred to in the preceding Article and the amount of the damages agreed upon between the parties by December 31, 1989 to the purchaser by December 31, 1989, this reservation shall be rescinded. If the purchaser fails to pay the said amount by the due date, it shall be deemed that the purchaser expressed his/her intention to complete the sale and purchase as of the following day after the expiration of the said period, even if there is no separate declaration of intention between the parties. The ownership of the object of this contract shall be entirely transferred to the purchaser, the buyer shall deliver the object without any restriction to the buyer, and the buyer shall also implement the procedure for ownership transfer registration.
When a declaration of intent to complete a trade under the preceding Article has been made, the amount of evidence received by the purchaser and the amount of damage agreed in advance between the parties shall be appropriated for the purchase price of this article.
5 The contractor for purchase and sale shall comply with the provisional registration procedure for the purpose of preserving the right to claim the transfer of ownership under this contract to the purchaser.
B. C died on August 9, 2002, and on April 7, 202, 2020, the ownership of the instant real estate was changed due to inheritance in the name of the Plaintiff.
[Grounds for recognition] B.