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(영문) 서울중앙지방법원 2014.02.14 2013가단108660
매매예약 가등기의 말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant’s branch office of Suwon District Court for the branch office of Sung-nam Branch on February 2012.

Reasons

1. Facts of recognition;

A. On May 24, 2012, the Plaintiff (hereinafter “instant real estate”) received a successful bid in the procedure of voluntary auction at Sung-nam branch of Sungwon District Court, and completed the registration of ownership transfer based on a successful bid in its name.

B. Around that time, the Defendant proposed that he would purchase the instant real estate to the Plaintiff, and that the Plaintiff and the Defendant prepared a letter of agreement with the following contents:

(hereinafter referred to as “instant agreement”) The principal terms and conditions of the instant agreement.

1. The real estate of this case was established by B (the Defendant) with the area of 417 square meters (126.1 square meters), including the area of 417 square meters (126.1 square meters), and the area of 182.1 square meters in a plastic house, and approximately KRW 16 square meters in a container. 2.2.179,000,000 interest rate of the Suwon Cooperative (Loan) and KRW 300,000 per month for the Plaintiff’s interest, the provisional registration was established against the Defendant on the condition that the Defendant would pay the Plaintiff the total development cost of KRW 45 million to the Plaintiff on the 24th day of each month and the last day of each month, and the Plaintiff would cooperate in this registration without any condition.

3. The defendant will pay interest of KRW 179,00,000 on the 24th day of each month (loan Obligations) and shall pay KRW 300,000 per month to the plaintiff's interest on the 30th day of each month.

4. The provisions of the Civil Act shall apply mutatis mutandis to delay in payment of interest two times or more, and shall provide the Plaintiff with a document of cancellation of provisional registration.

5. The previous notarial deed shall be null and void; and

C. After that, according to the instant agreement, the Plaintiff issued a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on June 25, 2012, which was issued on June 21, 2012 by Suwon District Court Branching Branching Branching Branching Branching Branching Branching Branching Branching Branching the Defendant, with respect to the instant real estate on the grounds of a trade reservation on June 21, 2012.

[Ground of recognition] Unsatisfy, Gap evidence No. 12, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is based on the agreement of this case, and the Defendant has paid interest to the Plaintiff from July 2012, after the provisional registration of this case was made.

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