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(영문) 수원지방법원안산지원 2016.06.22 2015가단107908

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On June 4, 2004, the Defendant completed the registration of ownership transfer on May 4, 2004 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

Article 1) A has promised to sell to B the real estate listed in the list at KRW 400,00,000,000, and B has consented thereto. Article 2) The date of completion of the reservation of this sale is June 9, 2005 (including land and buildings) and the date of completion is deemed to have been completed as a matter of course without the B’s declaration of intent to complete the sale.

Article 4) Article 4) B shall pay Party A a deposit of this reservation amount of KRW 300,00,000 on the date of the reservation, and the amount shall be deducted from the price under Article 1. Section 5) A shall, upon the conclusion of this reservation, implement the provisional registration procedure for the preservation of the right to claim for transfer of ownership by means of trade reservation to Party B on the said real estate.

On June 9, 2004, the Plaintiff entered into the instant promise to sell and purchase the instant real estate with the Defendant, who is a pro-friendly, as follows (i.e., “A” and “B” refer to the Defendant; hereinafter referred to as “instant promise to sell and purchase”), and (ii) completed the registration of the right to claim ownership transfer on the 25th of the same month on the ground of such promise.

On May 27, 2011, the Defendant entered into a contract to establish a right to lease on a deposit basis of KRW 80,000 on the instant real estate with the Ansan Central Credit Union (hereinafter referred to as the “New Credit Union”). On August 8, 2011, the New Credit Union requested the establishment of a right to lease on a deposit basis prior to the said provisional registration and the Plaintiff cancelled the said provisional registration on August 8, 201, but the New Credit Union completed the registration of the right to lease on a deposit basis of the instant trade reservation immediately after the new Credit Union completed the registration of

【In the absence of dispute, the Plaintiff asserted that the instant trade reservation was automatically concluded on June 9, 2005, as well as on June 9, 2005.