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(영문) 대전지방법원 2018.07.27 2017나110692
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part concerning the claim for the performance of the procedure for ownership transfer registration regarding real estate listed in the attached list No.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of evidence Nos. 2-3 and 3-1 through 4 of the evidence Nos. 2-3 and 3-4 regarding the claim for the performance of each of the procedures for the registration of ownership transfer based on the provisional registration on each of the real estate listed in the separate sheet Nos. 1 through 4, the Plaintiff entered into a pre-sale agreement with the Defendant on March 25, 2015, stating that the purchase price for each of the real estate listed in the separate sheet Nos. 1 through 4 shall be determined as KRW 350 million, and the date of the pre-sale agreement shall be June 30, 2015, and the purchase price shall be determined as KRW 350 million and the date of the pre-sale agreement shall be determined as June 30, 2015, which shall be deemed to have been completed as a matter of course even if the date of the pre-sale agreement, and that the Defendant paid the above pre-sale agreement to the Defendant on March 25, 2015.

Therefore, barring special circumstances, the Defendant is obligated to implement each of the procedures for the transfer of ownership on the basis of provisional registration completed on March 25, 2015 by the Daejeon District Court Sejong District Court Sejong District Court (Seoul District Court) pursuant to the provisional registration completed on March 25, 2015, as stated in the separate sheet No. 1 through 4, for the Plaintiff

On the other hand, since each real estate listed in the separate sheet Nos. 1 through 4 is the land that the Defendant acquired title trust from C, the Defendant asserts that the instant promise to sell and purchase was null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, there is no evidence to prove the above facts alleged by the Defendant, and even if the Defendant received each real estate listed in the separate sheet Nos. 1 through 4 from C, the instant promise to sell and purchase is null and void.

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