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(영문) 대구지방법원 2016.10.14 2015가단127282
가등기에 기한 본등기청구
Text

1. The Defendant (Counterclaim Plaintiff) is Daegu District Court with respect to real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 30, 2010, the Plaintiff’s representative director entered into a contract for the supply of scrap metal with “A” in the name of “A” and paid KRW 200 million to “A”.

B. On February 24, 2012, the representative director of the Plaintiff established the Plaintiff for the purpose of processing recyclable materials, including scrap metal, and thereafter, the Plaintiff and C maintained the supply contract for scrap metal.

C. Meanwhile, real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Defendant, who is the mother of C. As to the instant real estate, the provisional registration authority for the Plaintiff, and the provisional registration for ownership transfer security was completed on March 22, 2013 by the Daegu District Court Cheongdo Office of Cheongdo District Court No. 4553, Mar. 25, 2013, where the provisional registration for ownership transfer security was based on the promise to sell and purchase the instant real estate.

(hereinafter the above provisional registration is referred to as “the provisional registration of this case”).

The main contents of the purchase and sale reservation certificate dated March 22, 2013 concerning the provisional registration of this case are as follows.

Article 1 The Defendant and the Plaintiff shall make up for sale of the instant real estate owned by the Defendant at the price of KRW 100 million.

Article 2 The plaintiff shall pay 100 million won to the defendant as the deposit money of this reservation, and the defendant shall receive the money in full.

Article 3. The date of completion of the trade reservation shall be March 22, 2015, and the trade shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intention to complete the trade, even if the date of completion elapses.

When the sale and purchase has been completed pursuant to Article 4 (3), a sales contract for the real estate of this case between the defendant and the plaintiff shall be concluded, and the defendant shall receive the remainder after deducting deposit money under Article 2 from the purchase and sale of the real estate of this case from the plaintiff and deliver and order the real estate of this case to the plaintiff.

Article 6 The defendant shall, at the time of the conclusion of the reservation, preserve the plaintiff's right to claim the transfer registration of ownership in the instant real estate by means of sale reservation.

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