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(영문) 청주지방법원 2016.07.14 2015가단104015
가등기에 기한 본등기절차이행 청구
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is affiliated with the real estate recorded in the attached list to the Plaintiff (Counterclaim Defendant) and is registered with the Cheongju District Court and registered on March 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 18, 2013, the Plaintiff entered into a trade reservation with the Defendant’s husband C on real estate listed in the separate sheet owned by the Defendant (hereinafter “instant apartment”) (hereinafter “instant purchase reservation”), and the main contents are as follows.

- The Plaintiff and the Defendant have promised to sell the apartment of this case, which are owned by the Defendant, at the price of KRW 270 million.

- The plaintiff shall pay 132,943,228 won as a reservation deposit to the defendant, and the defendant shall receive the above money in full, and the plaintiff shall pay the principal and interest of 137,056,772 won for the secured loan of the apartment of this case to the bank account under the name of the defendant every month.

- The date of the completion of the trade reservation is March 1, 2014, and the trade is deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the trade when the date of completion elapses.

B. On February 25, 2013, the Plaintiff transferred KRW 57,943,228 from the above reservation deposit to the new bank account (Account Number:D) in the name of the Defendant after deducting the claim of KRW 75 million against C from the said reservation deposit.

C. On February 19, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the apartment of this case based on the instant trade reservation.

On May 9, 2014, the Plaintiff drafted a statement of performance (hereinafter “instant statement of performance”) that extended the completion date of the instant trade reservation by March 1, 2015 with C representing the Defendant and the date of completion of the instant promise.

E. Meanwhile, on November 19, 2015, C was indicted on the charge that forged and exercised the instant purchase and sale reservation certificate, performance memorandum, etc. under the name of the Defendant at the Cheongju District Court, and was sentenced to six months imprisonment on February 18, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 6 (including additional numbers), Eul 1 and 2, the purport of the whole pleadings

2. Judgment on the counterclaim

A. The facts of the above recognition as to the cause of the claim.

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