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(영문) 수원지방법원 성남지원 2018.07.20 2016가단213311
가등기말소
Text

1. The Defendant (Counterclaim Plaintiff) is the Suwon District Court with respect to the land indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Attached Form

On November 12, 2002 with respect to the land listed in the list - The provisional registration of the right to claim the transfer of ownership in the name of the defendant (hereinafter referred to as the "provisional registration of this case") was completed on October 9, 2003 by the Suwon District Court, Sung-nam Branch of Gwangju District Court as the ground for registration No. 58186 of receipt on October 9, 2003.

- With respect to the land of this case, separate transfer registration under the name of the defendant was made on June 13, 2007 by the Suwon District Court, Sung-nam Branch of Sungwon District Court on June 15, 2007 with the receipt of No. 37323 on June 15, 2007, rather than the principal registration based on the provisional registration of this case.

- With respect to the instant land, the registration of the establishment of the establishment of the two adjacent to the Defendant and the mortgagee D Co., Ltd. was completed on April 7, 2008. On September 20, 2012, each of them was revoked on the grounds of termination, and on the same day, the registration of the establishment of the establishment of the adjacent to the Plaintiff, the collateral security company D Co., Ltd. was completed on the same day.

- On July 25, 2012, the sale and purchase of the instant land was based on the grounds for registration, and the registration of ownership transfer in the name of the Plaintiff was completed on September 20, 2012 as the receipt of the receipt on September 20, 2012.

A sales contract prepared in relation to the sale and purchase of the instant land - The Defendant sold two of the instant land and the instant ground warehouse buildings to the Plaintiff (hereinafter “instant sales contract”).

- With respect to the instant sales contract, a total of five sales contracts were submitted as evidence, and the major entries in each sales contract are as follows.

1. The sales price of KRW 780,00,000 for the purchase price on February 24, 2012, and KRW 78,000 for the down payment of KRW 78,00,000 for the contract, the balance of KRW 702,00,000 for the contract payment, and the payment on April 25, 2012

2. The payment of the purchase price of KRW 650,00,000 for the purchase price of February 24, 2012 on the purchase price of KRW 650,00,000 for the purchase price of KRW 65,00,000 for the contract, the balance of KRW 585,00,000 for the contract, and the payment on April 25, 2012;

3. The date of the sales contract for the Eul evidence No. 1.

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