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(영문) 수원지방법원 성남지원 2018.06.27 2017가단15316
가등기에 의한 본등기등기 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) The Jeonju District Court with respect to each real estate listed in the separate sheet Nos. 1 and 2;

Reasons

1. Basic facts

A. On December 15, 2014, C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant. On December 17, 2014, C completed the provisional registration of the right to claim ownership transfer registration on the ground of the instant pre-sale agreement (hereinafter “each of the instant provisional registration”). As to the instant real estate Nos. 1 and 2 as of December 17, 2014 as the receipt of No. 9412 on December 17, 2014, the former Jeju District Court’s Net Branch Registry of the Jeju District Court, as of the instant real estate No. 3 as of December 17, 2014, as the receipt of No. 9413, Dec. 17, 2014.

B. On April 24, 2017, C transferred to the Plaintiff the right to claim for ownership transfer registration of each of the instant real estate in the instant provisional registration, and the Defendant expressed his/her consent.

On May 1, 2017, the Plaintiff completed the additional registration prior to the provisional registration of this case, which was based on the Jeonju District Court’s Net Branch Registry No. 4621, May 1, 2017, and the Jeonju District Court’s Net Branch Registry No. 4622, May 1, 2017, with respect to the real estate No. 3 of this case, which was based on the transfer as of April 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number; hereinafter the same shall apply), Gap evidence 5 through 8, the purport of the whole pleadings

2. The Defendant: (a) transferred the right to claim ownership transfer registration under each of the instant provisional registrations to the Plaintiff on April 24, 2017, and completed the additional registration before the Plaintiff’s provisional registration on May 1, 2017, with respect to each of the instant real estate listed in subparagraphs 1 and 2 of the instant provisional registration under the former District Court’s Port Office No. 9412, Dec. 17, 2014; and (b) completed each of the instant provisional registration under the former District Court’s Port Office No. 9413, Dec. 17, 2014; and (c) thereafter, the fact that C transferred the right to claim ownership transfer registration under each of the instant provisional registrations to the Plaintiff on May 1, 2017, and completed the additional registration before the instant provisional registration to the Plaintiff on May 1, 2017.

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