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(영문) 대구지방법원 2020.07.17 2019가단141279

가등기말소

Text

1. As to the Plaintiff’s share of 2.07/676 square meters in Daegu Jung-gu Seoul District Court 2,235 square meters, the Defendant registered the Daegu District Court on June 1, 1981.

Reasons

1. Basic facts

A. D On August 20, 197, on the ground of 2,235 square meters (hereinafter “instant land”) of Jung-gu, Daegu-gu, Daegu-gu (hereinafter “instant land”), D purchased the 1st apartment floor F, steel bean, steel bean, and 4th square meters (hereinafter “instant commercial apartment”) and purchased the same year.

9. 29. Completion of the registration of ownership transfer in its name.

B. D, at the same time as the purchase of the instant commercial apartment, acquired shares of 2.07/676 of the instant land, which is the site, and completed the registration of ownership transfer in its name.

C. On June 5, 1981, D entered into a pre-sale agreement with the Defendant on the share of 2.07/676 of the instant commercial apartment and the instant land. On June 8, 1981, Daegu District Court registered on June 8, 1981, the registration of the right to claim ownership transfer was completed.

On December 1, 2016, the Plaintiff, a housing reconstruction and rearrangement project association, filed a lawsuit against D to the effect that D shall exercise the right to demand sale under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On October 22, 2018, the Plaintiff filed a settlement recommendation with the effect that D shall comply with the procedure for ownership transfer registration based on sale (Seoul District Court 2018Gadan100219). On October 22, 2018, “D shall receive KRW 29,200,000 from the Plaintiff, and at the same time, the Plaintiff shall take the procedure for ownership transfer registration based on sale on December 1, 2016, and deliver the said commercial apartment” (hereinafter “instant settlement recommendation”) and that D and the Plaintiff did not raise any objection, thereby became final and conclusive.

E. On January 21, 2019, the Defendant cancelled the registration of the provisional right to claim ownership transfer in the name of the Defendant, which was completed in the instant commercial apartment, and on the same day D completed the registration of ownership transfer in the name of the Plaintiff on the ground of sale as of December 1, 2016 with respect to the said commercial apartment.

F. D. On March 25, 2019, the Plaintiff deposited D as a depositee on March 25, 2019, 29,000.