가등기말소 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Basic facts are based on the real estate of this case 1 to 3 is owned by the Plaintiff Company A (hereinafter “Plaintiff Company”). The real estate of this case 4 to 13 is owned by the Plaintiff Company, and the real estate of this case 14 is owned by the Plaintiff Company 15207/87934, 727/87934, respectively, and the real estate of this case 15207/87934.
C On April 27, 2012, while lending money to the Plaintiffs from around June 2010, C entered into a promise to sell and purchase as follows (hereinafter “instant promise”) with the Plaintiffs, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with respect to each of the instant real property as of April 30, 2012, receipt No. 13897 from the Gwangju District Court Branch Office of Maritime Affairs.
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 the parties agreed in advance, 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 take procedures for the transfer of ownership.
If the declaration of intention to complete the sale under the preceding Article 4 was made, the deposit money received by the plaintiffs and the amount of damages agreed in advance between the parties shall be appropriated from the purchase price of the subject matter.
Article 5 The Plaintiffs shall implement provisional registration procedures in order to preserve C the right to claim ownership transfer under this Agreement.
At the time of the conclusion of the instant promise to sell and purchase each real estate, the Gwangju District Court rendered 1.3 billion won with the maximum debt amount received on October 19, 2010, and 23457, and the debtor, the Round Construction Co., Ltd., and the mortgagee-mortgaged Co., Ltd. (hereinafter “Secheon Agricultural Cooperatives”).