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(영문) 창원지방법원 2019.05.16 2018나1470
가등기에기한본등기절차이행
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff transferred KRW 20 million to the Defendant’s account on September 8, 2006, KRW 21.5 million on September 12, 2006, and KRW 21.5 million on September 12, 2006.

B. On November 17, 2006, the Plaintiff and the Defendant concluded a trade reservation on the instant real estate shares owned by the Defendant (hereinafter “instant trade reservation”) and the main contents are as follows.

The Defendant, as a prospective seller, promised to sell to the Plaintiff, who is the right holder of the purchase and sale agreement under the following provisions, the sales agreement is accepted by the seller. The first sale agreement is that the buyer pays the purchase price to the seller at the address of the seller without setting a period and at the same time pays the purchase price to the seller, and at the same time expresses his/her intention to complete the sale agreement in accordance with the preceding Article of Article 2, the ownership of the sale agreement is to be transferred to the buyer on the condition that the buyer has expressed his/her intention to complete the sale agreement. In addition, the seller must immediately implement the procedure for the registration of ownership transfer of the previous real estate and deliver the property to the buyer, and in respect of the claim for ownership transfer under the provisions of Article 5 of the Agreement, a light is to preserve the rights of the parties concerned.

(b) (hereinafter referred to as the "Omission")

C. On November 17, 2006, the Plaintiff completed the provisional registration of the right to claim a transfer of all shares based on the instant purchase/sale reservation (hereinafter “the provisional registration of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion made provisional registration of this case as a security for loans worth KRW 22 million that the Plaintiff lent to the Defendant, and the Defendant is unable to pay the above money, thereby seeking the implementation of this registration by exercising the right of completion of trade reservation.

B. The issue of which provisional registration is a provisional registration for security is registered record.

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