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(영문) 대전지방법원홍성지원 2016.05.25 2015가단11342
소유권이전등기 말소 등
Text

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

A. Defendant A shall have jurisdiction over Daejeon District Court, the Superintendent General of the Provincial Office of Registry on May 18, 1998.

Reasons

1. The plaintiff was sentenced to the judgment of "C et al. shall jointly and severally pay to the plaintiff 113,530,08 won and 36,259,640 won with 18% interest per annum from September 30, 2005 to the date of full payment" ( Daejeon District Court Decision 2003Da38709 delivered on December 23, 2005), and the above judgment was finalized on January 20, 206.

C On May 16, 1998, Defendant A and the attached list (hereinafter “instant apartment”) entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with regard to the real estate (hereinafter “instant apartment”). The said pre-sale agreement (AA) states that “The Defendant A paid 30 million won to C by June 30, 1999, if it pays 30 million won to C, it shall be deemed that the pre-sale agreement was made.”

Defendant A asserted that “A shall be deemed to have actually entered into a sales contract with Defendant A on May 16, 1998” only after the closing of the instant argument. However, at the time, the name of the disposal document (referring to the preparatory document as of May 18, 2016) written between Defendant A and C was a real estate sales promise, and according to the content of the above disposal document, Defendant A planned to declare the purchaser’s intent to complete the reservation, and planned to implement the provisional registration procedure in order to preserve the right to claim ownership transfer due to the purchase and sale promise. In light of the fact that at the time, Defendant A, a purchaser, specified the nature of KRW 15 million as a deposit, and provided that the said deposit should be appropriated for the purchase price when the declaration of intention to complete the reservation was made, it is reasonable to deem that Defendant A entered into the promise with respect to the instant apartment on May 16, 1998.

C On May 18, 1998, the provisional registration of the right to claim ownership transfer as stated in Section 1(a) of the Disposition No. 1 on the ground of the instant trade reservation (hereinafter “the provisional registration of this case”).

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