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(영문) 의정부지방법원 2017.11.22 2017가합53279

가등기말소

Text

1. The Defendant (Counterclaim Plaintiff) is attached to the Plaintiff (Counterclaim Defendant) with the answer 2,079m2 in Nam-si, Namyang-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. With respect to the instant real estate owned by the Plaintiff B, the Plaintiff B and the Defendant entered into an agreement on October 27, 2005 as follows and entered into a pre-sale agreement and a pre-sale agreement.

1. B (Plaintiff B) borrowed KRW 442,400,000 per gold day with the maximum debt amount of KRW 920,000,000 on the instant real estate, and deliver all documents necessary for the registration to Party B (Defendant).

2. If the above borrowed money is not fully repaid within one month after the next month, it shall be considered to have been paid in lieu of the real estate in this case, and the ownership of the above real estate shall be immediately transferred to A.

No objection shall be raised against this, such as the settlement procedure based on the provisional registration security law.

3.For the purposes of clarifying the above-mentioned 2, Eul shall prepare a trade reservation form with a trade reservation amount of KRW 920,000,000,000, and deliver all documents necessary for the registration of the right to claim the transfer of ownership;

Of course, the above B must actively cooperate in all documents necessary for A to make a principal registration on the basis of provisional registration even at any time in the future.

B. The contents of each of the instant notes are as follows.

C. Meanwhile, the Plaintiff B and the Defendant concluded a new agreement pursuant to the instant written agreement (hereinafter “instant agreement”) and prepared a “pre-contract for trade”, and the content thereof are as follows.

1. B(Plaintiff B) has promised to sell in KRW 920,000,000 to Party A(Defendant), and Party B has consented thereto.

2. The date of the completion of the sale and purchase agreement as of January 31, 2006 shall be deemed to have been completed as of January 31, 2006, and upon the expiration of the above date, as of January 31, 2006, it shall be deemed

3. When the sale and purchase contract has been concluded between B and B, the sales contract for the above real estate has been concluded, and B shall receive the price under Article 1 from Party A and at the same time obtain it from Party A.