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(영문) 대법원 2017.04.13 2016다46895
가등기의본등기절차이행청구
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The judgment below

According to its reasoning, the lower court acknowledged the facts as indicated in its reasoning, and determined that the Plaintiff was obligated to complete the procedure for principal registration of ownership transfer based on provisional registration as to the land subject to sale, since the Plaintiff paid KRW 184,00,000 to E Co., Ltd., a former seller, thereby paying the purchase price for the land subject to sale, and the pre-sale was completed upon the lapse of May 30, 2015, which was set on the date of the completion of the pre-sale agreement by the Plaintiff and

The judgment below

In light of the records, the above judgment of the court below is just and acceptable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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