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(영문) 창원지방법원 통영지원 2017.01.19 2016가단5596
소유권이전등기
Text

1. The defendant shall receive on March 31, 2006 from the Changwon District Court rendered the plaintiff with respect to the real estate stated in the attached list.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant’s real estate listed in the separate sheet (hereinafter “instant real estate”).

2) As to the Defendant’s application, the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant

(2) On March 31, 2006, C concluded a promise to sell and purchase the instant real estate (hereinafter “instant promise”) with the Defendant on March 31, 2006, and determined that “The provisional registration amount was to be KRW 100 million, but the provisional registration amount was to be terminated at the time of completion of the performance of the obligation amounting to KRW 600 million notarized on March 31, 2006, and the objection would not be raised even at the time of execution with KRW 100,000,000,000,000,000,000,000 won.”

3) As to the instant real estate, C is the provisional registration of the right to claim ownership transfer on the ground of the instant trade reservation (hereinafter “provisional registration of this case”), which was received on March 31, 2006, No. 7242, Mar. 31, 2006.

(4) On September 11, 2006, No. 19809, Jun. 30, 2006, the Plaintiff transferred the right to claim the transfer of ownership, which is the cause of the provisional registration of this case, on the ground that it was transferred on September 11, 2006.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant, who is the person liable for provisional registration of this case, is obligated to perform each of the transfer registration procedures based on the provisional registration of this case on the basis of the provisional registration of this case with respect to the real estate of this case to the plaintiff, who is the right holder, on June 30, 2006, which was three months after the date of promise to sell the real estate in this case,

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The transfer of the instant provisional registration to the Plaintiff by C constitutes a fraudulent act. 2) D ought to resolve the obligation that constitutes the cause of the instant provisional registration.

3. This.

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