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(영문) 광주지방법원 순천지원 2018.05.09 2017가단1640

가등기의본등기

Text

1. The Defendant shall support the Plaintiff with respect to each share of 1/2 of the real estate listed in the separate sheet at the Gwangju District Court.

Reasons

1. Determination on the cause of the claim

A. (1) On August 2, 2013, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase 1/2 shares of each of the real estate listed in the separate sheet at KRW 70,657,476, respectively, and registered the right to claim partial transfer of ownership on February 3, 2014 as the receipt by the Gwangju District Court Decision 6479.

(2) On February 27, 2017, a copy of the instant complaint containing an expression of intent to complete the said purchase and sale reservation was served on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence (including each number), appraiser C's appraisal result, each fact-finding result, the purport of the whole pleadings as a result of the fact-finding (the defendant alleged that there was no fact-finding in the confirmation document among Gap 2 evidence, but according to the appraiser C's appraisal result, it is recognized that the unmanned seal in the letter of confirmation is by the defendant's number of shares, and the authenticity of the above confirmation document is presumed to have been established).

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to implement the registration procedure for ownership transfer based on the registration of the provisional right to claim partial transfer of ownership, which was completed as of February 3, 2014 by the Gwangju District Court 201, pursuant to the receipt No. 6479, Feb. 3, 2014, on the basis of the registration of the provisional right to claim partial transfer of ownership, among the real estate listed in the

2. The defendant's assertion is asserted to the effect that the defendant does not have an obligation to implement the principal registration procedure based on the above provisional registration before receiving the purchase price as stipulated in the above trade reservation.

However, in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 2 through 6, 8, and 9 (including each number), the defendant at the time of the promise to sell and purchase real estate listed in the attached list No. 1 and constructed real estate listed in paragraph 2 of the same list, and it can be recognized that the plaintiff paid the purchase price equivalent to the above purchase price, and that the defendant agreed to offset the above purchase price claim against the defendant against the defendant.