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(영문) 대전지방법원서산지원 2014.10.22 2013가단11197
가등기절차이행
Text

1. As to each real estate listed in the separate sheet, the Defendant made a pre-sale agreement with the Plaintiffs on August 7, 2012.

Reasons

1. Facts of recognition;

A. G, the Defendant’s fraud, and H, his father, the Defendant’s wife, had a liability for damages to the Plaintiffs, and G agreed to complete provisional registration with respect to the real estate in H’s name, each of the real estate in the attached list in the name of the Defendant, and each of the real estate stated in the above purport of the claim, until August 10, 2012, for the performance of the above obligation.

B. On August 7, 2012, the Plaintiffs and the Defendant drafted a pre-sale agreement (Evidence B No. 1) (hereinafter “instant pre-sale agreement”) only for each real estate listed in the separate sheet (hereinafter “instant pre-sale”). The main contents are as follows.

Article 1 “A” (the name of the Defendant; hereinafter the same shall apply) of the Pre-Contract Holder B (the name of the Plaintiff; hereinafter the same shall apply) and the Pre-Contract Holder B (the name of the Plaintiff; hereinafter the same shall apply) shall promise to sell and purchase the real estate under the following agreements, and shall consent to “B” of the Pre

Article 2 “A” promises to sell the said real estate to “B” with the purchase price of KRW 230,00,000 ( KRW 230,000) as the purchase price.

Article 3 “B” promises to sell to “A” by means of an expression of intent to complete the trade by September 6, 2012.

In principle, as long as the reservation to sell and purchase this case between “A” and “B” continue to exist effectively, the trade is completed with the indication of the completion resolution of the trade in “B” even after the expiration of this period.

Article 4(1) of the Act provides for the declaration of intent to complete the sale under Article 3 above, a sales contract between the parties to “A” and “B” shall be concluded, and “A” shall implement the procedure for the registration of ownership transfer of the goods at the date designated by “B”.

(2) “B” shall be paid the purchase price under the preceding Article to “A” at the same time as the registration procedure under the preceding paragraph is completed.

Article 5. The expenses for this reservation, the registration procedure expenses, registration tax, etc. required for the registration under paragraph (1) of the preceding Article shall be borne by "B".

C. Meanwhile, the Seoul Central District Prosecutors' Office indicted G on June 26, 2013 by fraud, and the Seoul Central District Court’s appeal is the Seoul Central District Court.

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