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(영문) 서울동부지방법원 2019.12.10 2017가단141361
가등기말소
Text

1. The remaining amount of the real estate listed in the annex 1 list after it is put to an auction and the auction cost is deducted;

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On July 3, 2004, the Plaintiff and the Defendants concluded a real estate sales contract with regard to the real estate indicated in H on July 3, 2004, the attached Table 1 (hereinafter “the instant forest”), and the 992 square meters of land of Y, Chungcheongnam-nam Hong-gun I forest (hereinafter “I forest”) as KRW 337,00,000.

B. The above seller and the buyer agreed on August 12, 2004 on the forest of this case, and on August 16, 2004, on the forest of this case, the registration of transfer of ownership in the name of the plaintiff, the representative buyer, was completed.

C. After the sales contract, the Plaintiff and the Defendants filed a complaint against the seller and the broker on the grounds of brokerage commission, deception of neighboring roads, etc., and filed a lawsuit for damages claim.

On December 14, 2004, in order to prevent the Plaintiff’s arbitrary disposition and to specify the Defendants’ shares, Defendant B, E, Defendant F, and G, respectively, completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) on December 13, 2004 with respect to the share of 6/34 of each of the above real estate purchased by the Plaintiff, and the forest of this case shall have the right to either cancel the sales contract or sell the proceeds to a third party upon the termination of the dispute procedure. However, in order to prevent the Plaintiff’s arbitrary disposition and specify the Defendants’ share, Defendant B, F, and G, the Plaintiff and D completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”).

E. The Plaintiff and the Defendants continued to have a dispute over criminal complaints, whether to participate in civil litigation, whether to distribute deposit money, tax burden on the forest of this case, disposition against a third party, etc. Even after the instant lawsuit was filed, the conciliation procedure was conducted several times between the Plaintiff and the Defendants, but did not reach an agreement due to the difference in opinions on the method of

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1 to 3, Eul evidence 1 to 3, and Eul evidence 1 to 3, oral argument.

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