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(영문) 서울동부지방법원 2016.09.08 2016가합103093
가등기절차이행 등
Text

1. As to each real estate listed in the separate sheet, the Defendant made a pre-sale agreement on August 10, 201 to the Plaintiffs.

Reasons

1. Basic facts

A. D and the Defendant married on October 24, 1985 and divorced on August 26, 201.

The plaintiffs are children born between D and the defendant.

B. On August 10, 201, D and the Defendant concluded a divorce agreement with the following terms and conditions (hereinafter “instant agreement”).

Article 1 The following real estate under the name of the defendant shall be transferred to D, and the defendant shall cooperate in the procedures for registration of transfer of ownership based on division of property:

A half of D's shares out of the following real estate under the joint name of the husband and wife of Article 2 of Gangdong-gu Seoul Metropolitan Government E apartment 41, 503, 503, shall be transferred to the defendant, and D shall cooperate in the procedure of transfer registration of ownership based on division of property.

The Seoul Songpa-gu Seoul Metropolitan Government F. F. F. 519 square meters, the above ground reinforced concrete sloping roof, five residential facilities, and housing (hereinafter “instant real estate”). However, the Defendant, who is a child, has completed the registration of the right to claim transfer of ownership with the purchase price of KRW 600 million as the pre-sale payment in the future of the Plaintiffs.

(hereinafter “instant provision”). The following real estate under the name of Article 3 Section D shall be transferred to the Defendant, and D shall cooperate in the process of transfer of ownership based on division of property.

The entire amount of 61/2473 of co-owners D' shares of not less than 2473m2 in Sju-gun of Gyeonggi-do

C. D completed on November 14, 201, on November 14, 201, the transfer registration of ownership based on the division of property on the ground of property on August 10, 201.

The Plaintiffs received KRW 600 million from the Defendant and prepared a written confirmation that they wish to establish the provisional registration of the right to claim ownership transfer under the instant provision, and the said written confirmation reached the Defendant on September 25, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The above facts of recognition are examined.

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