logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.11.28 2018가단323233
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and D’s lease contract 1) around August 13, 2013, the Plaintiff is a real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by D from D as of August 13, 2013

[1] 100,000,000 Won (hereinafter “the instant lease deposit”)

(A) The term of lease was set from August 19, 2013 to August 18, 2015 and leased (hereinafter “instant lease agreement”).

(2) On August 23, 2013, the Plaintiff completed a move-in report on the instant real estate, and obtained a fixed date on the instant lease agreement on the same day, and around August 19, 2013, the Plaintiff was handed over the instant real estate and resided in the instant real estate until now.

B. C’s establishment of ownership transfer and provisional registration of the instant real estate 1) C entered into a sales contract with Defendant D on November 27, 2015, setting the purchase price of KRW 130,000,000, and completed the registration of ownership transfer on November 27, 2015. (2) C completed the registration of ownership transfer on the instant real estate to E on November 27, 2015. The Busan District Court’s Busan District Court’s registry as of November 27, 2015 (No. 45283, Nov. 27, 2015) completed the registration of ownership transfer claim on the instant real estate as of November 27, 2015. However, the said provisional registration was cancelled on December 23, 2015.

3) As to the instant real estate, C completed the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) filed with F on December 28, 2015 with the Busan District Court, Busan District Court, the Busan District Court’s registration office, No. 48744, Dec. 28, 2015, which was based on the pre-sale agreement, on December 28, 2015. However, C cancelled cancelled on January 29, 2016. As to the instant real estate, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).

C. On June 13, 2017, the Plaintiff filed for the registration of housing lease with the Busan District Court 2017Kaman70 on the instant real estate.

arrow