가등기말소등기
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the record as to the legitimacy of an appeal for subsequent completion, the court of first instance is recognized as the fact that: (a) the court rendered a favorable judgment against the defendant on October 15, 2014; and (b) served the original copy of the judgment by public notice on October 17, 2014; and (c) the defendant filed an application for perusal or reproduction of the record of the trial at this court on June 25, 2015 and received the copy of the judgment at this court on July 3, 2015, and filed the instant appeal for subsequent completion on July 3, 2015.
If so, the defendant could not observe the period of appeal due to a cause not attributable to him, so the appeal of this case is lawful.
2. Judgment on the merits
A. (i) On June 12, 2000, the Plaintiff and its wife drafted a pre-sale agreement on the instant land and the shares in E forest land, etc. (hereinafter “D land”) owned by the Plaintiff on the instant land and D forest, etc.
The main contents are that D promises to sell the instant land and D land in KRW 35 million to the Defendant, and the date of completion of the pre-sale agreement shall be July 20, 200, and the Defendant shall pay KRW 3.5 million to D as deposit money.
B. On June 23, 200, the Plaintiff completed the provisional registration of this case in the name of the Defendant, as stated in the purport of the claim regarding the instant land on June 23, 200, and D completed the registration of the right to claim ownership transfer on June 24, 200.
(1) On June 27, 2013, Article 22(1) of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the Presidential Decree of the Republic of Korea: (a) the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the