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(영문) 춘천지방법원 2017.07.11 2016가단54042
가등기에기한본등기절차이행
Text

1. The defendant shall be the plaintiff.

A. As to the share 13091/62678 of the forest land of Hongcheon-gun, Hongcheon-gun, 62,678 square meters,

(b) Assistants;

Reasons

1. Facts of recognition;

A. On July 23, 2005, Defendant, E, F, and G entered into a sales contract with H, I, J, and K (hereinafter “H, etc.”) on the condition that the Plaintiff sells 31 lots of real estate (hereinafter “the instant sales contract”) other than 62,678 square meters of land (hereinafter “the instant real estate”) in Hongcheon-gun, Gangwon-gun, the Defendant owned by the Defendant, Hongcheon-gun, Hongcheon-gun, 678 square meters of land (hereinafter “instant real estate 1”), D forest land 19,835 square meters of land (hereinafter “instant real estate 2”) to H, etc.

B. From July 23, 2005 to August 24, 2006, H, etc. paid a total of KRW 1.2 billion to the seller including the Defendant, etc. for the purchase price under the instant sales contract, and reselled a considerable portion of the said real estate to be unregistered.

C. In the process, I completed the provisional registration of ownership transfer claim on August 25, 2006 (hereinafter “the provisional registration of this case”) with respect to shares 13091/6278 of the instant real estate and shares 1324/198 of the instant real estate 2, each of which was received on August 25, 2006 by Hongcheon District Court, Hongcheon District Court No. 17718, which was received on August 25, 2006, in order to preserve the right to claim ownership transfer registration under the instant sales contract.

On September 12, 2007, the Plaintiff, as H, acquired the provisional registration of this case from I on September 12, 2007, and accordingly, the Plaintiff completed the additional registration in the name of the Plaintiff on the 13th of the same month.

E. On June 28, 2016, the Plaintiff expressed to the Defendant an intention to complete the instant provisional registration through content-certified mail, and demanded the principal registration based on the instant provisional registration.

[Ground for recognition: Unsatisfy, Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply)

(i) the entry in Category B(1) and the purport of the entire pleading

2. The parties' assertion

A. The actual purchase price under the Plaintiff’s sales contract of this case (hereinafter “the purchase price of this case”) is 1.2 billion won. On the ground that H, etc. already intended to resell the purchased real estate and the Defendant prepared a contract with KRW 1.3 billion, the purchase price is indicated as KRW 1.3 billion in the sales contract of this case (Evidence B).

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