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(영문) 서울중앙지방법원 2020.10.12 2019가단5079660
가등기의 말소등기절차이행청구의 소
Text

The defendant shall have jurisdiction over the share of 2/11 of the area of 2,390 square meters among the area of 2,390 square meters in Yongsan-gu, Yongsan-gu.

Reasons

1. Basic facts

A. (1) 2,390 square meters per annum (hereinafter “instant land”) prior to Dasan-dong, Seoyang-gu, Seoyang-si (hereinafter “Seoul-gu”).

As to each of the shares of 1/2 of the plaintiffs, each of the plaintiffs is to trade on May 6, 2002 (hereinafter "the trade of this case").

(2) The real estate sales contract dated May 6, 2002, prepared on July 4, 2002, which was executed on July 4, 2002, for the sale of the instant land, was sold to the Plaintiffs, the buyer of the instant land, at KRW 170,1100,000,000; the down payment of KRW 770,110,000,000 on the date of the contract; and the remainder of KRW 100,000,000,000,000 on June 24, 2002.

B. 1) In addition, as to the instant land, the promise to sell and purchase on June 24, 2002 in the name of the right holder F (hereinafter “instant promise to sell and purchase”).

(2) On July 4, 2002, the provisional registration of the right to claim the transfer of all co-owners' shares, No. 83733 of the receipt of July 4, 2002 (hereinafter "provisional registration of this case").

(2) On June 24, 2002, the title of the instant promise to sell and purchase real estate (hereinafter referred to as the “instant promise to sell and purchase”). The title of the promise to sell and purchase the instant land was written by the Plaintiffs, the contractor, and F, the right holder, and the key contents are as follows.

The following amounts shall be determined at KRW 170,000,000,000 for pre-sale transactions under Article 2:

Article 3 (Buyer) Without determining the due date for the payment of the purchase and sale reservation price, the contractor shall pay the price to the contractor (seller) and at the same time expresses his/her intention to complete the trade.

Section 6. The buyer shall pay to the seller the sum of KRW 170 million at the same time as the deposit in the formation of this contract and at the same time the seller shall receive the payment. In respect of the right to claim the transfer of ownership under this contract, the parties shall make a provisional registration in order to preserve their rights.

(c) above;

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