서울서부지방법원 2019.07.11 2018가합41122



1. The Defendants jointly share the delivery of real estate stated in the separate sheet from the Plaintiff and jointly do so to the Plaintiff on 350.


. Facts of recognition.

A. On December 3, 2017, the Plaintiff entered into a lease agreement with D as between KRW 350,000,000, and the lease term from December 12, 2017 to December 16, 2019, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) for which registration of ownership preservation was not completed in the D future.

(hereinafter “instant lease agreement”). B.

The Plaintiff and D included the following special terms in the instant lease agreement:

[Matters of Special Agreement]

6. A condition that no prior loan has been granted until the time of occupancy, and the Plaintiff may terminate the contract without due process if it is confirmed in D and currency on December 17, 2017, as follows: (a) the first priority condition (if there is no change in the right even until the time of registration of ownership preservation) by the Plaintiff is confirmed as D and D until April 15, 2018.

C. On December 3, 2017, the Plaintiff paid KRW 350,000,000 in total, and KRW 350,000,000,000,00 on December 17, 2017, to D as lease deposit, and occupied the instant real estate on December 17, 2017, and obtained a fixed date on the instant real estate as of December 18, 2017.

B. Unlike the special terms and conditions stated in the clause *, the instant real estate had been completed on August 16, 2018, and the registration of ownership preservation was completed in the future. B

Unlike the special agreement stipulated in Article 6, the real estate of this case was completed with the existing real estate owned by D prior to the land substitution and sale in accordance with the public announcement of the transfer of the improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the registration of provisional attachment and the registration of the establishment of the establishment of the 15 neighboring mortgage (hereinafter referred to as the "registration of the establishment of the creation of the neighboring mortgage of this case") prior to the date on which the plaintiff had the ground for registration was registered, is more than the fixed

At the same time as the registration of preservation of ownership stated in paragraph (1), each transfer has been entered in the register of the real estate in this case, and each effect and priority has been maintained.

E. D Around April 2018, the Defendants, the successors of D, died.