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(영문) 서울서부지방법원 2020.10.15 2019가단246002

소유권이전등기

Text

1. The defendant received KRW 116,682,66 from the plaintiff and at the same time "the indication of real estate" in the attached Form to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are in the status of the parties and their father and father.

B. 1) The Defendant is an apartment building indicated in the “Indication of Real Estate”, which was reconstructed on October 31, 2006 (hereinafter “instant apartment building”) under the name of the Defendant.

(2) On October 23, 2006, the Defendant received a loan with a maturity of KRW 124,000,000 from C Bank on October 23, 2031.

(3) On January 17, 2007, the Defendant concluded a pre-sale agreement with the Defendant on December 30, 2006 with regard to the instant apartment as security for the instant loan, with the maximum debt amount of KRW 148,800,000, and the establishment registration of a mortgage over the debtor’s establishment as security for the instant apartment. (C) On December 30, 2006, the Plaintiff concluded a pre-sale agreement with the Defendant on December 30, 2006 as follows:

(hereinafter referred to as the “instant reservation”). Article 1 of the Pre-Contract (Defendant) promises to sell the instant apartment at KRW 200,000,000 for the purchase price, and the Pre-Contract Holder (Plaintiff) accepts the promise.

Article 2. The date of completion of the sale of this reservation shall be December 30, 2007, and upon the expiration of the said date, the sale shall be deemed to have been completed as a matter of course without the declaration of intention of the right holder to complete the sale.

When a sale has been completed pursuant to Article 3 (2), a sales contract for the real estate of a contractor and a contractor shall be concluded, and the contractor shall receive the price under Article 1 from the contractor and deliver the real estate to the contractor while taking the procedure for transfer of ownership due to sale and purchase and transfer the real estate to the contractor.

Article 4 A person entitled to the reservation shall pay to the person obliged to make the reservation the amount of KRW 20,000,000 on the date of the reservation as the deposit of this reservation, and the amount shall be deducted from the price under Article 1.

2. On January 26, 2007, the Plaintiff made a provisional registration of the right to claim ownership transfer stated in the purport of the claim on the ground of a pre-sale agreement made on December 30, 2006 with respect to the apartment of this case from the Defendant.