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(영문) 청주지방법원 2020.10.28 2019가단24704

가등기말소

Text

1. The defendant shall have jurisdiction over shares of 1/2 of 112,264 square meters of Cheongju District Court in Cheongju-si, Cheongju-si. < Amended by Presidential Decree No. 15912, Mar. 3, 1998>

Reasons

1. Basic facts

A. On May 9, 2016, the Plaintiff’s claim against D, etc., filed a payment order with the Cheongju District Court No. 2016 tea2932, and on May 9, 2016, “D shall pay to the Plaintiff the amount calculated by the rate of 18% per annum from September 22, 1995 to November 30, 2005, and 20% per annum from the next day to the date of full payment.” The above payment order was finalized on June 8, 2016.

B. Provisional registration 1 in the name of the Defendant for the share in D-owned real estate (hereinafter “instant real estate”) is the real estate indicated in paragraph (1) of the disposition that G and D were jointly owned by each of the 1/2 shares in G and D at the time.

(2) On March 24, 1998, G and D entered into a pre-sale agreement with G and D on March 24, 1998, and on March 30 of the same month, the provisional registration of ownership transfer claim based on the pre-sale agreement (hereinafter “provisional registration of this case

(2) After completion of the judgment, from the lawsuit (Cheongju District Court 2002Gahap2918) that was initiated between H and the defendant et al. (Cheongju District Court 2002Gahap2918) to May 14, 2004, the court rendered a judgment that "as to G 1/2 of the instant real estate, the reservation for sale and purchase between the defendant and G was revoked, and the defendant will implement the procedure for the cancellation registration of the provisional registration on March 30, 1998," and the above judgment became final and conclusive on June 9, 2004, the provisional registration changed the purpose of the instant provisional registration into "1D transfer provisional registration" and "1/2 of the ownership of the person holding the provisional registration."

C. As of June 18, 2020, D, as of June 18, 2020, owned 1/2 shares of the instant real estate as active property, and 1/2 shares of 64,61 square meters of I forest land in Cheongju-si, Cheongju-si. The total amount of shares based on the officially assessed individual land price of each of the instant real estate is KRW 97,308,750 ( KRW 35,563,550, KRW 61,745,200). On the other hand, as a small property, D’s total amount of shares based on the publicly assessed individual land price of each of the said real estate is KRW 97,308,750 ( KRW 6