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(영문) 청주지방법원제천지원 2017.10.25 2016가단3023
가등기에 기한 본등기절차이행
Text

1. The Defendant’s receipt on September 9, 201 of the Cheongju District Court’s Cheongju District Court Branch regarding the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a partner of C, and the defendant is the wife of C.

B. On September 9, 2011, C had owned the real estate listed in the separate sheet (hereinafter “instant land”), and completed the registration of ownership transfer for the instant land to the Defendant on September 9, 201, by Cheongju District Court No. 21176, which was the receipt of Cheongju District Court support for the instant land, on September 9, 2011.

C. On September 9, 2011, the Defendant completed the registration of the right to claim ownership transfer on the ground of the reservation made on September 9, 2011 by the Cheongju District Court No. 21177, which received support from the Cheongju District Court as to the instant land.

(hereinafter referred to as “the provisional registration of this case”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 11 of the judgment on the cause of the claim, the Plaintiff entered into a pre-sale agreement with the Defendant’s agent C to purchase the instant land at KRW 500,000,000 (hereinafter “instant pre-sale agreement”) on September 9, 201, and the date of completion of the pre-sale agreement as of October 25, 2016; and the Plaintiff’s pre-sale agreement is naturally concluded without the Plaintiff’s declaration of intent to complete the sale upon the lapse of the said date; and the pre-sale deposit amount is KRW 200,000,000 on the date of the pre-sale agreement, and the remainder shall be paid on October 25, 2016. It is evident that as of the date of closing the argument, the fact that the Plaintiff paid KRW 300,00,000 on the date of the remainder of the contract.

Therefore, since the instant reservation was concluded on October 25, 2016, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant provisional registration with respect to the instant land on October 25, 2016, to the Plaintiff.

B. The defendant's argument on the revocation of the judgment on the defendant's argument is concluded by the plaintiff's deception.

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