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(영문) 울산지방법원 2020.11.25 2018가합27290
가등기말소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 4, 2013, the Plaintiff and Defendant C concluded a sales contract with Defendant C to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 180 million in the purchase price.

On December 2, 2013, the Plaintiff paid KRW 18 million out of the purchase price to Defendant C, and the remainder of KRW 72 million was paid in the way of succeeding to the secured obligation of KRW 4,000,000,000,000,000,000,000 to the Busan District Court Branch of Dong Branch of the Busan District Court, which was established by the Plaintiff on December 31, 2004, pursuant to the Act No. 7646 of December 31, 204.

Accordingly, on December 2, 2013, the term " December 2, 2012" of the registry appears to be a clerical error in relation to the instant real estate.

The provisional registration of the right to claim ownership transfer, which was completed on January 3, 2014 by the Busan District Court and the Dong Branch of the Busan District Court, was completed on the ground of the pre-sale reservation.

(hereinafter “Provisional Registration of this case”). (b)

(1) Around May 2014, Defendant C concluded a contract to sell the instant real estate with the Chairperson of the District Housing Association Promotion Committee (tentatively named B Housing Association, but on September 5, 2014, Defendant C concluded a contract to sell the instant real estate on September 4, 2014, with a down payment of KRW 136 million out of the purchase price of the instant real estate paid on September 4, 2014, and the remainder of KRW 26 million was paid on September 30, 2015, and re-entered the contract to sell the instant real estate. At the time of the conclusion of the said contract, the instant provisional registration and the collateral security under the name of D on December 31, 204 was established, and the relevant provisions of the sales contract were as follows.

· An explanation of the real estate mentioned in Article 4 shall be made simultaneously with the payment of any balance.

- Article 5: If there are grounds to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or if there is any unpaid amount of taxes, public charges and other charges, such unpaid amount shall be until

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