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(영문) 청주지방법원충주지원 2017.10.18 2017가단2277

가등기말소

Text

1. The Defendant shall share 1/4 of each of the 66,038 square meters of forest land in Chungcheongnam-si, Chungcheongnam-si, and 1/4 of each of the 8,573 square meters of forest land E in Chungcheong-si.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a credit guarantee agreement with B and C and issued a written credit guarantee agreement. However, the Plaintiff caused a guarantee accident by paying the guaranteed debt pursuant to the said credit guarantee agreement on behalf of the Plaintiff, and the order for payment of B was issued by the Cheongju District Court No. 2009j2534, and the Cheongju District Court No. 2015da8001, respectively.

B. Meanwhile, on August 20, 200, the Defendant entered into a contract with B and C on the following terms (hereinafter “instant contract”) with respect to the shares of B and C (the respective shares collectively referred to as “each of the instant shares”) of the 1/4 square meters of D forest No. 66,038 square meters in Chungcheongnam-si, Chungcheongnam-si, the respective shares of B and C, E forest No. 8,573 square meters in Chungcheongnam-si, Chungcheongnam-si, and the respective shares of B and C (hereinafter “instant shares”).

The seller B of the pre-sale contract, and C, as the person liable for the pre-sale contract, promised to sell the above real estate (referred to the shares in this case; hereinafter the same shall apply) to the Defendant, who is the right holder of the pre-sale contract, and the buyer consented to the sale of the said real estate pursuant to paragraph (1) of this Article, and the buyer paid the above price to the seller at the address of the seller without setting a period of time, and at the same time made a declaration of intention to complete the sale and purchase at the same time under the preceding Article of Article 2, the ownership of the real estate sold shall be subject to this condition, and the seller shall transfer the above real estate to the buyer immediately, and the buyer shall transfer the above real estate to the buyer at the same time upon the completion of this contract, the seller shall pay 40 million won to the seller at the deposit of the formation of this contract and the buyer shall receive it, with respect to the right to claim ownership transfer under this contract under Article 5, to preserve the right to the provisional registration.

C. As to each share of this case, the Defendant is based on the pre-sale agreement dated August 20, 200.