beta
(영문) 광주지방법원해남지원 2013.10.08 2013가단949

가등기말소 등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter referred to as “instant case”) Nos. 1 through 3 is owned by the Plaintiff Company A (hereinafter “Defendant Company”). The real estate listed in paragraphs 4 through 13 of this case is owned by the Plaintiff Company, and the real estate listed in paragraph 14 of this case is owned by the Plaintiff Company and the Plaintiff Company jointly in share ratio of 15207/87934, 72727/87934.

B. On April 27, 2012, C entered into a trade reservation agreement with the Plaintiffs regarding each of the instant real estate on April 27, 2012 (hereinafter “instant trade reservation agreement”) with regard to each of the instant real estate from around June 2010, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) as of April 30, 2012, the Gwangju District Court rendered a temporary registration of the right to claim ownership transfer on April 30, 2012.

The plaintiffs of Article 1 recently promised to sell each of the instant real estate in KRW 1.45 billion to C, and C shall accept it.

Article 2 Section C pays 1.43 billion won to the Plaintiffs as the deposit money of this Agreement, and the Plaintiffs received this amount clearly.

Article 3 Section C pays 20 million won to the Plaintiffs by May 26, 2012, if agreed upon in advance between the parties, it shall be deemed that the parties expressed their intent to complete the sale and purchase, and the ownership of each real estate of this case shall be entirely transferred to C, and the Plaintiffs shall deliver the object without any limited real right, and the procedures for the transfer of ownership shall be conducted.

If the plaintiffs expressed their intent to complete the sale under the preceding Article 4, the deposit money received by them and the amount of damages agreed in advance between them shall be appropriated from the purchase price of the object of this case.

Article 5 The Plaintiffs shall implement provisional registration procedures in order to preserve C the right to claim ownership transfer under this Agreement.

C. Meanwhile, at the time of the conclusion of the instant contract, each of the instant real estate at the time of the conclusion of the instant contract, the maximum debt amount is KRW 1.3 billion and the debtor as the receipt of No. 23457, Oct. 19, 2010.