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(영문) 대전지방법원홍성지원 2015.12.08 2015가단6500
가등기에 의한 본등기절차 이행청구의 소
Text

1. The defendant

A. On September 22, 2014, the Daejeon District Court Boan-si registry office with respect to the area of 5,067m2,000 square meters in Boan-si.

Reasons

1. Facts of recognition;

A. On April 21, 1997, E, which is a fraud in D (Death on April 16, 1997), purchased at KRW 15,00,000,000 for Boan-si and for KRW 15,067.3 square meters (hereinafter “instant land”) under the name of Boan-si between Boan-si and Boan-si, and entered into a sales contract with the content that the remainder will be repaid equally for seven years after a three-year period after adding an interest rate of KRW 5% per annum.

(B) After this, the Korea Rural Community Corporation acquired the status of the seller of the above sales contract from the Si of Boan.

On July 28, 1999, the Plaintiff purchased the instant land from E in KRW 31,00,000,000, agreed to pay the Plaintiff the repayment amount to Boan City, and paid all the repayment amount in D’s name until June 10, 2013.

C. The Plaintiff filed a claim for damages against D’s inheritors, who did not complete the registration of ownership transfer of the instant land, on the ground that they filed a claim for the registration of ownership transfer on the grounds of the main sale and preliminary impossibility of performance. On May 29, 2014, Daejeon District Court 2013Na101249, which was the appellate court, accepted the conjunctive claim for damages, and the said appellate judgment (hereinafter “instant judgment”) became final and conclusive around that time.

On September 22, 2014, the Plaintiff agreed with the Defendant regarding the judgment amount and the claim for litigation costs arising from the instant judgment as follows.

The plaintiff is paid KRW 27 million from the inheritor of D, and the defendant is transferred the ownership of the land of this case in lieu of the payment of the judgment of this case.

However, on June 20, 2015, the registration of the right to claim transfer of ownership has been completed on the instant land on June 20, 2015, but the purchase price shall be stated at KRW 54,00,000 for convenience.

If the above provisional registration has been made in the future of the plaintiff and the amount of KRW 27 million has been paid, the plaintiff withdraws an application for compulsory auction against the F apartment No. 103 Dong 115, 103 and executes the provisional seizure.

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