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(영문) 창원지방법원 2018.09.06 2017나6249
가등기에 의한 본등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On March 27, 2014, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on each real estate listed in the separate sheet, which is owned by the Defendant (hereinafter “each of the instant real estate”). On March 28, 2014, the Plaintiff completed the registration of ownership transfer registration based on the said pre-sale agreement pursuant to the receipt of 7245 on March 28, 2014, for each of the instant real estate as to the Jinwon District Court’s Jincheon Branch Branch Branch, Jincheon Branch, 2014.

(hereinafter “each provisional registration of this case”). (b)

The reservation contract of this case made between the plaintiff and the defendant at the time includes the following contents:

Article 2. The contractor for the purchase shall pay the proceeds of this Agreement to the contractor for the sale, and if the contractor for the sale under Article 3 who has been clearly paid the proceeds of this Agreement, pays the amount equivalent to the deposit money referred to in the preceding Article and the amount of damages agreed upon between the parties, no later than July 30, 2014, the purchase and sale reservation shall be rescinded, and if the purchaser fails to pay the amount by the above deadline, the purchaser shall be deemed to have expressed his/her intention to complete the sale as the next day after the expiry of the above period, even if there is no separate declaration of intention between the parties, and the ownership of the object under this Agreement shall be entirely transferred to the purchaser, and the seller shall deliver the object without any restriction, and shall also

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, 6-1 and 2, the purport of the whole pleadings and arguments

2. As seen earlier, the Defendant’s determination on the cause of the claim completed each of the instant provisional registrations on March 28, 2014, and the fact that the copy of the complaint of this case, which the Plaintiff declared the intention to complete the purchase and sale reservation, was served to the Defendant by public notice, and that the effect of January 17, 2017 came into force is clearly indicated in the record. Thus, the Defendant’s real estate of this case to the Plaintiff.

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