가등기의 본등기절차이행청구의 소
The defendant shall accept on October 12, 2017 the indictment of all-round judgments of the Jeonju District Court on the real estate stated in the attached list to the plaintiff.
1. Basic facts
A. A. From March 4, 2016, D received landscape trees worth KRW 250 million from E, and paid KRW 250 million to the Plaintiff, a creditor, as E, a limited liability company D, directly. On the same day, C guaranteed the Defendant’s obligation to pay KRW 250 million to the Plaintiff of the limited liability company D.
B. On October 12, 2017, the Defendant entered into a pre-sale agreement with the Plaintiff and the Defendant on October 12, 2017 regarding the real estate listed in the separate sheet owned by the Plaintiff and the Defendant (hereinafter “instant real estate”) on the purchase price of KRW 50 million and October 12, 2017 as of the date of completion of the purchase and sale. On October 12, 2017, the Defendant entered into a provisional registration for the right to claim ownership transfer registration (hereinafter “instant provisional registration”) with the former District Court’s receipt on October 12, 2017, and completed the provisional registration for the Plaintiff.
C by June 7, 2019, up to June 7, 2019, paid to the Plaintiff KRW 126 million as the tree price.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings]
2. According to the above facts of recognition, the defendant completed the provisional registration of this case against the plaintiff in order to secure C's worth 250 million won of trees for the plaintiff, but C is unable to pay 124 million won out of its maturity (the date of completion of the sale) until the expiration of its maturity. Thus, the defendant is obliged to implement the procedure for registration of ownership transfer based on the provisional registration of this case to the plaintiff.
Furthermore, as of October 20, 2020, the market price of the instant real estate as of October 20, 2020 was increased to KRW 28,777,80,00,000, and was considerably below KRW 124,000,000. According to the evidence No. 5, the Plaintiff’s real estate value was much more than the amount of the secured claim of the instant provisional registration as of April 26, 2019, and there was no settlement money.