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(영문) 수원지방법원여주지원 2016.05.25 2015가단4278

소유권이전등기

Text

1. The Defendant: (a) on March 22, 2011, the Suwon District Court’s Suwon District Court’s registry office regarding the real estate stated in the attached Table 1 list to the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2013, the Plaintiff and the Defendant’s share in each land listed in the separate sheet No. 2 (the share in the land listed in paragraph (10) of the same Schedule is 63/241; and the Defendant’s share in each land listed in paragraph (13) of the same Schedule is 29/942 shares. The real estate listed in the separate sheet No. 1 (hereinafter “instant land”).

(1) According to the pre-sale agreement, the pre-sale agreement (hereinafter “instant pre-sale agreement”) was concluded to purchase 700 million won (which is part of the shares owned by the Defendant in the land listed in Schedule 2 List 10,13). According to the pre-sale agreement, the date of the completion of the sale agreement shall be March 20, 2014; and upon the completion of the contract, the pre-sale agreement shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the sale (Article 3), and when the sale was completed pursuant to Article 3, the sales agreement for the said real estate between the Plaintiff and the Defendant is established (Article 4).

B. On the same day, the Plaintiff made a provisional registration of the right to claim a transfer of all shares (hereinafter “provisional registration of this case”) based on the instant trade reservation with respect to the said real estate (Provided, That among the land listed in the attached Tables 10 and 13, part of the land in the case of the Defendant’s ownership falls under only the part of the instant land).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is obligated to implement the procedure for the registration of ownership transfer based on the provisional registration of the instant land, inasmuch as the purchase and sale reservation of the instant land was completed on March 20, 2014 pursuant to Article 3 of the instant purchase and sale reservation.

As to this, the Defendant established eight investors, including the Plaintiff, to guarantee the return of the service payment to the Defendant, the instant provisional registration is required by the agreement of all eight investors.