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(영문) 수원지방법원성남지원 2017.10.27 2016가단221404

소유권이전등기

Text

1. As to real estate listed in the separate sheet:

A. Defendant C shall assist Suwon District Court with Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On August 8, 2014, Defendant C entered into a contract to establish a right to lease on a deposit basis (hereinafter “instant right to lease on a deposit basis”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) as to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of the establishment of a right to lease on a deposit basis (hereinafter “the instant right to lease on a deposit basis”) from September 15, 2014 to September 14, 2016 on the ground of the said contract.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

On July 7, 2015, the Plaintiff concluded a pre-sale agreement with Defendant B on October 15, 2015, with regard to the instant real estate: (a) the purchase price of KRW 1,243,00,000; (b) the date of the pre-sale agreement; and (c) the date of the pre-sale agreement; and (d) the date of conclusion of the purchase and sale agreement, stating that “the trade is completed as a matter of course, even if

(hereinafter “instant reservation.” On the same day, the Plaintiff completed the registration of ownership transfer claim under the receipt of the register office of Sungwon District Court Branch Branch Branch Branch Branch of Sungwon District Court under Article 56973 on the same day.

C. Meanwhile, on November 8, 2010, the Plaintiff entered into a lease agreement with G Co., Ltd., which was a trustee company of the F building in Seongbuk-gu, Sungnam-si (the welfare house for the aged), including the instant real estate, with a deposit of KRW 1,690,00,000 for the F building H, and occupied around that time.

However, on February 6, 2014, Defendant B, who acquired ownership from G and succeeded to the status of the lessor against the Plaintiff on the ground of the attribution of trust property, agreed to substitute the said deposit with the purchase price of the instant real estate upon request by the Plaintiff, “transfer the instant real estate to the Plaintiff and purchase and sale promise regarding the instant real estate,” and concluded the instant purchase and sale promise as above.

Meanwhile, the plaintiff and her husband I.