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(영문) 부산지방법원 2018.05.30 2017가단314539
가등기의 본등기절차이행청구
Text

1. As to each real estate listed in the separate sheet:

A. Defendant A is the Changwon District Court Development Registry on January 2, 2014.

Reasons

1. As to each real estate listed in the separate list of the basic facts (hereinafter “each of the instant real estate”), Article 1-A of the Disposition by Defendant A, the owner of the instant real estate, based on the purchase and sale reservation (hereinafter “first purchase reservation”) on June 18, 2014 in the future of Defendant B.

The provisional registration stated in the paragraph (1) (hereinafter referred to as "the provisional registration No. 1") was completed, and the order No. 1-B was made by Defendant B on October 14, 2014 (hereinafter referred to as "the second promise to trade") in the name of the Plaintiff.

The provisional registration stated in paragraph (2) (hereinafter referred to as "provisional registration") is complete, and there is no counter-proof as to the facts that there is no dispute between the parties, or that it was completed by the entire purport of entry and pleading as set forth in subparagraph 1-1 through 8, and there is no counter-proof. Meanwhile, the fact that the copy of the complaint of this case, on April 28, 2017, stating the purport that the plaintiff exercises the right to complete the second trade reservation against the defendant B, in subrogation of the defendant B, to preserve the right to claim the registration of transfer of ownership against the defendant B, is obvious.

2. Determination

A. According to the facts of recognition of the obligation to register ownership transfer based on provisional registration, barring any special circumstance, Defendant B is liable for each of the instant real estate; Defendant B, based on the provisional registration No. 2, is liable to the Plaintiff for the transfer of ownership based on the completion of the second-sale reservation on April 28, 2017; and Defendant A, based on the provisional registration No. 1 A, is liable to the Defendant B for the transfer of ownership based on the completion of the first sale reservation on April 28, 2017.

B. Determination as to the Defendants’ assertion 1) Since the first promise to sell and purchase is null and void as a false declaration of conspiracy, the first registration based on the second registration must be cancelled as a provisional registration of invalidation of cause. Thus, Defendant A cannot respond to the Plaintiff’s request.

B. Once the defendant B completed the first provisional registration, the real estate of this case from the defendant A is given the conditions of the business.

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