가등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 13, 1989, the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the content of promising the purchase of real estate listed in the separate sheet (hereinafter “instant real estate”) from B, and completed the provisional registration of the Defendant’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) on October 19, 1989 as the receipt of the registration office of the Incheon District Court No. 11508, Oct. 19, 1989.
B. On October 15, 1997, the Defendant concluded a sales contract to purchase the instant real estate from B for KRW 105,000,000 (hereinafter “instant sales contract”).
Article 5 of the sales contract provides that "The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives the balance, and shall cooperate with the transfer registration."
C. On February 11, 1998, the Plaintiff completed the registration of attachment on February 7, 1998 (property 4630-113, and the disposition authority's internal tax revenue) on the real estate of this case as a tax claim right holder against B. D.
B around January 1, 1998, in order to transfer the ownership of the instant real estate to the Defendant, B issued a certificate of personal seal impression for real estate sale on December 20, 1997. A certified judicial scrivener cooperateed in preparing a written confirmation of the person liable for registration through a certified judicial scrivener. Around February 1998, a report of real estate transfer for the payment of capital gains tax was prepared.
Around February 198, the Defendant prepared an application for transfer of ownership and a certificate of purchase of national housing bonds to obtain transfer of ownership of the instant real estate through a certified judicial scrivener, but failed to complete the registration of transfer of ownership in the name of the Defendant around that time due to reasons related to
E. The head of Seo-gu Incheon Metropolitan City imposed acquisition tax on the real estate of this case on the defendant around March 1998, and the defendant paid the above acquisition tax on December 14, 199.
The real estate of this case reverts to the year 1998 through 2004.