가등기에 기한 본등기
1. The plaintiff (Counterclaim defendant) is the Seoul Central District Court with respect to real estate stated in the separate sheet to the defendant (Counterclaim plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Article 1: The Defendant promised to sell the instant real estate to the Plaintiff at KRW 850,000,000,000, including the purchase and sale reservation regarding the instant real estate, and consent by the Plaintiff.
Article 2:The date of completion of the sale and purchase of this reservation shall be April 5, 2009, and shall be deemed to have been completed as a matter of course without the plaintiff's declaration of intention to complete the sale and purchase even after the expiration of the said date.
Article 3:In the event the sale and purchase is completed pursuant to Article 2, the sales contract for the instant real estate between the plaintiff and the defendant shall be concluded, and the defendant shall receive the price under Article 1 from the plaintiff and, at the same time, implement the procedure for the registration of ownership transfer due to the sale and purchase of the instant real estate and deliver and order
Article 4:The plaintiff shall pay to the defendant 100,000,000 won on the date of the reservation as the deposit money of this reservation, and the amount shall be deducted from the price under Article 1.
Article 5: At the same time as this reservation is concluded, the Defendant shall implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the Plaintiff regarding the instant real estate.
1) On April 5, 2007, C representing the Plaintiff: (a) between D and the Defendant’s pastor, the right holder to the reservation regarding the instant real estate owned by the Defendant; and (b) between C and D on April 5, 2007, with the Plaintiff and the contractor as the Defendant (hereinafter “instant trade reservation”).
(2) On April 6, 2007, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of the right to claim ownership transfer of this case”) by the Seoul Central District Court No. 16526, Apr. 6, 2007.
3. The Plaintiff remitted total of KRW 101,00,000 to the Defendant’s account, KRW 50,000,000 on April 5, 2007, KRW 5,000 on April 10, 2007, KRW 33,00,000 on April 16, 2007, and KRW 101,00,000 on April 17, 2007.
B. The Plaintiff’s reservation to sell and purchase.