가등기에 기한 본등기 청구
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The defendant has children E, F, and G between the spouse D, and the plaintiff is the wife and the defendant of the above E.
(B) On May 14, 2014, the Plaintiff and the Defendant entered into a trade reservation (hereinafter referred to as “instant reservation”) with respect to each real estate listed in the separate sheet owned by the Defendant (hereinafter referred to as “instant real estate”) including the following contents, which read “Defendant A” and “holder (B)” as “Plaintiff” (hereinafter referred to as “the instant promise”), and drafted a trade reservation (Evidence A No. 1; hereinafter referred to as “the instant promise”) with the same content.
Article 1:A (Defendant, hereinafter the same shall apply) has promised to sell the real estate of this case to B (the plaintiff, hereinafter the same shall apply) at the price of KRW 600 million, and B shall accept it.
The debts and the lease guarantee debts borrowed by A as security for the above real estate shall be succeeded by B, and the amount of such debts shall be deducted from the price.
Article 2:The date of completion of this reservation shall be December 31, 2018, and shall be deemed to have been completed, as a matter of course, even if there has been no declaration of intention to complete the trade in B at the expiration of the said date.
Article 4:B shall pay Party A the deposit amount of KRW 20 million as the deposit money of this reservation, and the amount shall be deducted from the price under Article 1.
Article 5:A shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to request the transfer registration of ownership by means of trade reservation to B on the above real estate.
Where A intends to cancel or terminate this reservation without the consent of B or sell it to a third party, B may pay the difference between the purchase price and the debt even before the date of completion of the purchase and sale promise, and make a principal registration based on this provisional registration.
After that, the Suwon District Court, Anyang Registry, which received on May 19, 2014, was based on the reservation to trade the instant real estate and was registered as a person entitled to provisional registration.