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(영문) 의정부지방법원 2017.11.30 2016가단124832
가등기말소
Text

1. On September 20, 2016, the Defendant: (a) on each land listed in the separate sheet to the Plaintiff, the Jung-gu District Court, Namyang-ju registry office, and the Plaintiff.

Reasons

Facts of recognition

In order to borrow KRW 400 million from B on September 4, 2014, the Plaintiff: (a) set up a provisional registration on each land listed in the attached list (hereinafter collectively referred to as “instant real estate”; and (b) land listed in Articles 4 and 5 of the attached list (hereinafter referred to as “instant real estate”; and (c) on October 31, 2014, the land listed in the attached list Nos. 4 and 5, which is the land prior to the subdivision, the object of the provisional registration, was divided into C forest land at Yangyang-ju, which is the object of the provisional registration as seen below; and (d) drafted a performance note and a real estate sales contract

In accordance with the agreement between the seller and the buyer, Article 1 of the Real Estate Sale Contract (referred to the real estate of this case) of the Real Estate Sale Contract is entered into as follows:

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price of KRW 1,100,000,000 / the down payment of KRW 400,000,000 shall be paid and received at the time of the contract. / The remainder amount of KRW 700,000 shall be paid on June 3, 2015.

Article 3 List of Real Estate shall be June 3, 2015.

Article 4 The seller's repayment of debts and taxes and public charges related to the real estate as of the date of the remainder of payment.

Article 5 The seller shall deliver all documents necessary for the ownership (registration) to the buyer when he/she receives any balance, and shall cooperate with the seller for the registration of transfer.

Section 6. This Agreement shall take effect in preference to the termination of the contract, and shall become null and void upon the performance by the seller of the contract under Section 4.

Article 7 If a seller fails to comply with Article 3 of the purchase and sale reservation, the balance payment shall be deemed to be the balance payment.

In accordance with the instant sales contract, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on September 4, 2014 on the instant real estate to B on September 5, 2014 on September 4, 2014.

On June 5, 2015, the Plaintiff made the deposit account B as the principal.

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