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(영문) 창원지방법원거창지원 2015.01.20 2014가단3844
가등기말소
Text

1. The defendant shall make the original district court joint registration office with regard to each real estate indicated in the indication of attached real estate to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 709 square meters and above D-15 square meters in Gyeongcheon-gun, Chungcheongnam-do.

B. Nonparty E acquired the instant housing site by means of voluntary auction (this court G) on February 7, 2014, 2014, a house of 92.3 square meters (hereinafter “instant housing”) on the same F and D’s ground surface, which is located in Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “instant housing site”) and F and D’s above F and D land.

C. However, the Plaintiff, who became aware that the instant housing was built with approximately 33 square meters among the said land in Gohap-gun and D, filed a lawsuit against E to seek delivery, etc. of the part affected by this court No. 2014Ga1503.

In the above civil case, on November 12, 2014, the following mediation (hereinafter “instant mediation”) was established between the Plaintiff and E.

1. As of November 12, 2014, E sells the instant site and housing to the Plaintiff at the purchase price of 42.5 million won, and the Plaintiff purchases it.

2. The Plaintiff pays the purchase price under paragraph (1) to E until December 1, 2014, and E grants the registration of ownership transfer for the instant land and housing to the Plaintiff simultaneously with receiving the said purchase price from the Plaintiff.

3. Even after the ownership of the instant site and housing was transferred to the Plaintiff, as prescribed in paragraph 2, the Plaintiff recognizes that E is free of charge residing in the instant housing until December 30, 2016.

Provided, That E shall leave the instant house by December 30, 2016, and deliver the said site and house to the Plaintiff.

E. After the conciliation of the instant case, E completed the provisional registration of the right to claim ownership transfer (hereinafter “each of the instant provisional registrations”) with the Changwon District Court Joint Registry No. 15311, Nov. 17, 2014 received on November 14, 2014, on the ground of the trade reservation as of November 14, 2014 (hereinafter “instant trade reservation”).

F. Meanwhile, on November 24, 2014, the Plaintiff, according to the content of the instant conciliation.

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