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(영문) 부산지방법원동부지원 2015.02.11 2014가단14193
소유권이전청구권가등기말소
Text

1. Defendant B completed on February 16, 2009 as Seoul Eastern District Court No. 7894 regarding the real estate stated in the attached list.

Reasons

1. Determination as to the claim against the defendant B

A. On August 13, 2008, the Plaintiff sold real estate listed in the separate sheet to Defendant B in the purchase price of KRW 400,000,000, and completed the registration of ownership transfer claim as described in paragraph (1) of this Article. However, Defendant B did not pay the down payment, intermediate payment, and remainder, the Plaintiff’s claim for ownership transfer registration against Defendant B following the cancellation of the above sale contract on August 31, 2009.

Article 208(3)2 of the Civil Procedure Act of the applicable provisions of the Acts (i.e., Confession)

A. On September 9, 2009, Defendant Republic of Korea seized the Plaintiff’s right to claim ownership transfer based on the sales contract as of August 13, 2008 against the Plaintiff on September 13, 2009, and completed the additional registration as to the provisional registration on September 21, 2009. However, the above sales contract was cancelled due to Defendant B’s nonperformance of obligation, the above provisional registration should be cancelled, and the Defendant Republic of Korea has the duty to express his/her consent on the registration of cancellation of the above provisional registration.

B. On August 13, 2008, the Plaintiff: (a) sold the instant apartment to Defendant B the purchase price of KRW 400,000,000; (b) on March 31, 2009, the Plaintiff paid KRW 300,000,000,000 in total, from Defendant B, for a lump sum of the down payment and the intermediate payment, until March 31, 2009; and (c) drafted the instant sales contract (Evidence A 2) with the purport that the Plaintiff would receive the remainder of KRW 100,000,000 until August 31, 2009. (b) On August 14, 2008, the Plaintiff completed the registration of the establishment of the instant apartment with the maximum debt amount of KRW 40,00,000,000,000, to Defendant B.

3) The Plaintiff was cancelled the registration of the establishment of the instant neighboring apartment from Defendant B on February 16, 2009, as the receipt of No. 7892 on February 16, 2009, and the Plaintiff completed the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 120 million, the debtor C) No. 7893 on the same day, and ordered Defendant B to receive the same date.

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