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(영문) 광주지방법원해남지원 2013.10.08 2013가단1065
가등기에 기한 소유권이전등기
Text

1. The plaintiff

A. Defendant A Co., Ltd. shall enter the real estate of paragraphs 1 through 3 of the attached list and the attached list 14.

Reasons

1. Basic facts

A. The real estate listed in [Attachment List] Nos. 1 through 3 is owned by Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The real estate listed in Articles 4 through 13 is owned by Defendant B, and the real estate listed in paragraph 14 of this case is jointly owned by Defendant Co., Ltd and Defendant B in share ratio of 15207/87934, 727/87934.

B. On April 27, 2012, C entered into a trade reservation agreement with the Defendants on each of the instant real estate (hereinafter “instant reservation agreement”) with regard to each of the instant real estate from around June 2010, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) as of April 30, 2012, by receipt No. 13897, the Gwangju District Court rendered a temporary registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

The Defendants of Article 1 recently promised to sell each of the instant real estate in the amount of KRW 1.45 billion to C, and C consented thereto.

Article 2 Section C pays 1.43 billion won to the Defendants as the deposit money of this Agreement, and the Defendants received this amount clearly.

Article 3 If Article C pays 20 million won to the Defendants by May 26, 2012, the Defendants expressed their intent to complete the sale and purchase, deeming that the parties expressed their intent to complete the sale and purchase, and the ownership of each of the instant real estate is entirely transferred to C, and the Defendants deliver the subject-matter without any limited real right and take procedures for the transfer of ownership.

The deposit money received by the Defendants and the amount of damages agreed in advance between the parties shall be appropriated as the purchase price of the object of this case in case where the declaration of intention to complete the sale under the preceding Article was made

Article 5 The Defendants shall implement provisional registration procedures to C in order to preserve C the right to claim ownership transfer under this Agreement.

C. Meanwhile, at the time of the conclusion of the instant contract, each of the instant real estate at the time of the conclusion of the instant contract, the maximum debt amount is KRW 1.3 billion and the debtor as the receipt of No. 23457, Oct. 19, 2010.

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