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(영문) 대구지방법원상주지원 2015.02.13 2014가단4667

가등기에 의한 본등기이행

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1. Defendant C shall be Ansan District Court’s assistance with respect to the portion of 17/112, out of the 185 square meters of the E-gain 185 square meters in light of the name of the Plaintiff A.

Reasons

1. Facts of recognition;

A. On February 18, 2009, Plaintiff A promised with Defendant C to purchase KRW 17/112 of the value of 17/12 owned by the said Defendant among the e-mail 185 square meters (hereinafter “instant land”) around 18, 2009, and entered into a trade promise with the purport that the date of the completion of the pre-sale agreement shall be February 18, 201, and completed a provisional registration for preserving the right to claim for ownership transfer (hereinafter “provisional registration of this case”) with respect to the said shares as the Suwon District Court’s Masan Branch Office No. 12775 on April 20, 209.

Plaintiff

A around that time paid KRW 50,000,000 to Defendant C.

B. On February 18, 2009, Plaintiff B promised with Defendant D to purchase shares of KRW 17/112 owned by the above Defendant in the instant land at KRW 50,00,000. However, on February 18, 2011, Plaintiff B entered into a pre-sale agreement with the effect that the date of the completion of the pre-sale agreement shall be February 18, 201, and completed a provisional registration for preserving the right to claim ownership transfer (hereinafter “provisional registration of this case”).

Plaintiff

B around that time paid KRW 50,000,000 to Defendant D.

[Grounds for Recognition] The deemed confession under Article 150 of the Civil Procedure Act

2. According to the facts of the above recognition, ① Defendant C is obligated to implement the principal registration procedure for ownership transfer on February 18, 201, based on the provisional registration of this case No. 1 with respect to the portion of 17/112 of the instant land to the Plaintiff, for which the principal registration procedure for ownership transfer was completed on February 18, 201, and ② Defendant D is obligated to implement the principal registration procedure for ownership transfer on February 18, 201, with respect to the portion of 17/112 of the instant land to the Plaintiff, based on the provisional registration of this case No. 2. 11.

3. Accordingly, the plaintiffs' claims against the defendants are reasonable, and this decision is delivered with the assent of all participating Justices.