가등기에기한 본등기절차이행
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 15, and Eul evidence No. 3.
A. For each real estate listed in the separate sheet owned by the Defendant (hereinafter “the instant real estate”) as indicated in the E Association (hereinafter “E”), each of the set-up of the lowerest claim amounting to KRW 266,500,000,000 for the E Association (hereinafter “E”), each of the set-up of lower claim amounting to KRW 5.2 million in total in the D future, each of the set-up of lower claim amounting to KRW 5.2 million, and the registration of the set-up of the lower claim amounting to KRW 5 million in the C future.
D On November 4, 2008, the Seoul Eastern District Court F, and E on July 2, 2009, the auction procedure was commenced for the instant real estate upon receipt of a decision to commence each auction as Seoul Eastern District Court G on July 2, 2009.
B. On January 6, 2010, the Plaintiff and the Defendant entered into a sales contract with the following terms and conditions (hereinafter “instant sales contract”) with respect to the instant real estate. There are the same details, and there exists a contract in which the sales amount is KRW 47.5 million (Article 8 of the Act; hereinafter “instant contract”) and a contract in which the sales amount is KRW 43.5 million (Article 13 of the Act; hereinafter “instant contract”).
◇ 계약 금 4억 5000만 원( 제 1 계약서), 4억 1000만 원( 제 2 계약서) 은 계약 시에 지불하고 영수함 ◇ 잔 금 2500만 원은 2010. 2. 10. 지불한다.
◇ E에 대한 융자금 2억 원을 승계하기로 한다.
◇ 쌍방 합의에 의하여 계약하고, 증인 L, M 입회 하에 계약 체결한다.
◇ 전세 보증금 및 융자 금은 계약금에 삽입한다.
◇ 설정부분 및 제세 공과 금은 매도인이 잔금 시까지 처리하기로 한다.
◇ 매수인이 잔금 정산하고, 입주 시에 임대인은 조건 없이 비워 주어야
(c).
According to the instant sales contract, the Plaintiff paid KRW 5.3 million to D, KRW 6.7 million to E, and KRW 5 million to C, respectively.
E Application for auction on January 8, 2010.