가등기에 기한 본등기 절차이행
1. All of the conjunctive claims added by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s appeal.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Grounds for this Court’s explanation concerning this part of the facts of recognition are set forth in Section 1.B. of the judgment of the first instance.
(2) Paragraph 1 of Article 420 of the Civil Procedure Act provides that “No. 11” shall be dismissed as “M,” and the same shall apply to the reasons for the judgment of the first instance except for adding “No. 11” to “Evidence No. 1 or 6” as “Evidence No. 1 or 6.”
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (A) around May 30, 2004 and June 19, 2004, the Plaintiff agreed to exchange the Defendant with the Haba and D building M, K, and L three households. Accordingly, on June 21, 2006, the Plaintiff concluded a pre-sale agreement for the instant real estate and completed the provisional registration stated in the purport of the claim (hereinafter “the instant provisional registration”).
The plaintiff exercised the right to complete the pre-sale by serving a duplicate of the complaint of this case. Thus, the defendant is obligated to implement the principal registration procedure based on the provisional registration of this case.
(B) The following circumstances revealed by comprehensively taking account of the facts alleged in the judgment and the purport of Gap evidence No. 11 and the entire pleadings, namely, ① the construction of the D building was not completed at the time of concluding a prior sale contract for the D building; ② the site of this case was set up with a maximum debt amount of KRW 316,00,000; ② the plaintiff agreed with the defendant to exchange three bonds of the D building with the defendant, but the plaintiff did not file a claim for ownership transfer registration with the defendant until the expiration of January 25, 2006, when the ownership transfer registration of the D building of this case was possible; ③ N was subject to the provisional disposal order for D building No. 205Kahap227 on February 22, 2005, and the above provisional disposal order was completed on February 24, 2005, and the plaintiff did not take specific measures.