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(영문) 광주지방법원해남지원 2019.01.08 2018가단202122
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The plaintiffs of the office are the plaintiffs of the office.

Reasons

1. Basic facts

A. Defendant C is a person who completed the registration of ownership transfer on August 3, 2016 with respect to the land of Jeonnam-gun E, Nam-gun (hereinafter “instant land”), and Defendant D is a person who resides in the building indicated in the attached Table, which is an unregistered state on the instant land (hereinafter “instant housing”).

B. On October 24, 2016, the Plaintiffs and Defendant D drafted a trade reservation document (hereinafter “instant trade reservation document”) with the content as follows, whereby the purchaser is the Defendant C.

The indication of real estate in a pre-sale certificate: Defendant C, who is a pre-sale purchaser of 185 square meters in Nam-gun, Namnam-gun, shall be called “A” and the plaintiffs who are the buyers shall be called “B” and “A” shall be entered into a pre-sale agreement between the Parties as follows:

Article 1 “A” and “B” promise to sell and purchase the above real estate owned by “A” at the price of KRW 150 million.

Article 2 “B” provides “A with the deposit money of KRW 70,000,000 (the full payment of the purchase price) to “A” and “A” shall receive the said money in full.

Article 3: The date of completion of the trade reservation shall be October 24, 2016, and shall be deemed to have been completed, as a matter of course, even if there is no declaration of intention to complete the trade agreement of “B” upon the expiration of the said date.

When the sale and purchase has been completed pursuant to Article 4(3), a sales contract for the above real estate is established between "A" and "B", and "A" shall receive the remainder after deducting the price under Article 2 from the price under Article 1 from "B" and at the same time perform the procedure for registration of ownership transfer due to the sale and purchase of the above real estate to "B" and deliver and issue the above real estate to "B".

Article 5 "A" shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to request the transfer registration of ownership by means of sale reservation to "B" for the above real estate.

Expenses for application for registration, registration tax, etc. shall be borne by "A".

C. The instant case.

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