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(영문) 대구지방법원 2018.06.21 2017가단24608
가등기말소등기
Text

1. The defendant shall accept on September 1, 2006, the registration office of the Daegu District Court with respect to real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2005, with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”), the seller entered into a sales contract with the Plaintiff, the buyer, and the Plaintiff (hereinafter “the instant sales contract”) to pay the sales price of KRW 135 million for one other, not more than 135 million, and the down payment of KRW 135 million, within 100,000,000,000,000,000,000,000 after completion of 90% of the contract for the entire business area of multi-family housing (multi-family housing).

B. On May 2, 2006, the Plaintiff received KRW 70 million as the title of down payment and intermediate payment, contrary to the agreement under the above sales contract from the development of the electricity industry.

C. On August 10, 2006, with respect to the instant real estate, a trade reservation was made with the content as follows, which made the Plaintiff and the right holder of the purchase reservation as “non-industrial development” as to the Plaintiff and the right holder of the purchase reservation.

A As a pre-sale contractor, a seller has promised to sell the instant real property to (a) who is the right holder of the pre-sale agreement pursuant to the provisions for sale and purchase agreement, and the buyer has consented to the sale. Article 1 sets forth a sum of KRW 135 million and the buyer has paid the said purchase-price to the seller at the address of the seller without setting a period, and at the same time has declared his/her intention to complete the sale.

b. If the declaration of intention to pay the price and to complete the sale under the preceding Article of Article 2 has been made, the ownership of the real estate to be sold shall be transferred to the buyer on this condition, and the seller shall immediately file an application for the registration of transfer of ownership of the said real estate and the buyer shall deliver the said real estate to the buyer, in addition, pay 70 million won to the seller at the time of the formation of this contract at the same time as the deposit in the formation of this contract, and the seller shall receive it. In respect of the right to claim ownership transfer under this Article, the parties shall make a provisional registration for the purpose of preserving

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