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(영문) 광주지방법원 2016.02.16 2015가단2909
가등기의 본등기절차 이행
Text

1. The Defendant (Appointed Party and Counterclaim Plaintiff) shall attach the attached Form 1 to the Plaintiff (Counterclaim Defendant) among the real estate listed in the attached Form 1.

Reasons

1. Basic facts

A. From October 8, 2008 to September 7, 2009, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) lent KRW 60 million to the Defendant (Appointed Party, Counterclaim Plaintiff; hereinafter “Defendant”).

B. On February 25, 2009, C, the Defendant’s mother, and the real estate listed in the annexed sheet No. 1 (hereinafter “instant real estate”), made a promise to sell and purchase KRW 60 million in price. On the same day, C, the Defendant’s child, had completed the registration of the right to claim transfer of ownership in its name on the same day.

C. On August 31, 2009, a provisional registration transfer contract was concluded between the Plaintiff and C with the purport that “transfer of the instant provisional registration in the name of C to the Plaintiff” (hereinafter “instant provisional registration transfer contract”), and the provisional registration in the name of C was completed.

On the other hand, on October 6, 2009, the Defendant, the father of C, prepared a written agreement on behalf of C, stating that “if the Plaintiff deposits KRW 70 million in the securities account, C shall pay interest of 2% per month, and profits shall be accrued to C, and if losses are incurred, C shall compensate for losses from the amount of the provisional registration of transfer of ownership on the instant real estate.” (No. 6; hereinafter “instant agreement on compensation for losses”).

E. On January 29, 2012, D died, and D succeeded to D in proportion to 1/5 shares of Defendant and Appointee E, F, and G, each of whom is D’s children, and 3/45 shares of H’s wife selection officers, who are D’s children, and 2/45 shares of each of them.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 14, 23 evidence, Eul evidence 6 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. First of all, the determination of the cause of the claim is based on the following: (a) comprehensively taking account of the nature of the contract for the transfer of provisional registration of this case and the purport of the entire pleadings in the written evidence Nos. 3, 12 through 19, and 22, the Defendant money from the Plaintiff prior to the year when the contract for the transfer of provisional

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