가등기의 말소등기절차이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was the owner of 19, Busan Dongdong-gu C apartment 19 (hereinafter “instant real estate”). When the said apartment was incorporated into the business site of the C apartment reconstruction project, the Plaintiff is the creditor of the settlement money who requested cash settlement after completing the registration of ownership transfer on October 30, 2003 with respect to the said real estate to the C apartment reconstruction association on November 6, 2003 (hereinafter “ reconstruction association”).
B. On January 23, 2014, the Plaintiff drafted the following agreement on the payment of liquidation money between the reconstruction association and the owners of other apartment commercial buildings (hereinafter “instant agreement”).
D In selling the shares of the members of the rebuilding commercial building, the principle of majority shall apply to the reconstruction association's articles of association, and since the current commercial building management committee has seized and auction has been conducted, it shall reduce damage and settle the remaining amount after deducting the debts (such as the unpaid management expenses and the refund of moving expenses) that the association is located at the market price, and make an equal distribution according to the shares after settlement of accounts, and the cash settlement according to the shares shall be made by the members who have agreed to the sale, and all members who have agreed to the sale shall jointly be responsible and cope with in the civil and criminal problem raising period.
C. Under the instant agreement, the reconstruction association paid 80,000,000 won to the Plaintiff following the disposition of part of the commercial building on March 11, 2014, and additionally paid 5,000,000 won on January 26, 2015.
On December 15, 2014, the Defendant entered into a pre-sale agreement (hereinafter referred to as “instant pre-sale agreement”) with the reconstruction association on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and completed the provisional registration of ownership transfer claim (hereinafter referred to as “provisional registration”) on December 18, 2014 by Busan District Court’s registration and receipt No. 75593.
【Ground of recognition】 dispute.