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(영문) 서울북부지방법원 2016.08.24 2015가합26256

가등기말소

Text

1. The Defendant’s receipt on January 14, 201 of the Seoul Northern District Court’s Dobong Branch Office, which received on the real estate stated in attached Table 1 from the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 2004, Nonparty C, the former husband of the Plaintiff, completed each registration of ownership transfer as to the real estate listed in the Attachment No. 1 (hereinafter “D-dong land”) and the real estate listed in the Attachment No. 2 on September 25, 2001 (hereinafter “E-dong land and building”) on September 25, 2001.

B. On April 11, 2002, the Plaintiff reported divorce with C on April 11, 2002.

C. On April 9, 2002, the Plaintiff completed the registration of transfer of ownership on E-dong land and building on August 19, 2005, and the registration of transfer of ownership on D-dong land on December 21, 2009.

On December 14, 2010, the provisional registration of the right to claim transfer of ownership as stated in Paragraph 1 of the Disposition, which was based on trade reservation, was completed on January 14, 201, and on E-dong land and buildings, the provisional registration of the right to claim transfer of ownership as stated in Paragraph 2 of the Disposition, which was based on trade reservation, was completed on July 31, 2007.

(hereinafter referred to as “instant provisional registration”) each of the above provisional registration in the name of F.

Since then, as to the above F, the defendant who is the current denial of C (Marriage 2012), and Ddong land, the additional registration of the provisional registration of the right to claim ownership transfer on November 26, 2012 was completed on February 25, 2013, and the additional registration of the right to claim ownership transfer on November 26, 2012 was completed on December 5, 2012.

F. On March 13, 2015, the Defendant filed a lawsuit against the Plaintiff by asserting that the pre-sale was completed by paying the remaining amount of KRW 100 million in the purchase price of the instant real estate to the Plaintiff, and that the pre-sale was completed by paying the Plaintiff the remaining amount of KRW 100 million in the purchase price of the instant real estate. On June 3, 2015, the said court rendered a judgment in favor of the Defendant (hereinafter the said lawsuit referred to as “pre-sale lawsuit” and the said judgment) with no pleading on June 3, 2015.