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(영문) 전주지방법원정읍지원 2014.12.02 2012가단5962
가등기말소
Text

1. The Defendant: (a) on August 10, 201, the Jeonju District Court 29205 square meters in relation to the Plaintiff’s Go Chang Chang-gun, Jeon Chang-gun, Jeon Chang-gun; and (b) on August 10

Reasons

1. Basic facts [Grounds for recognition: Facts which have been obvious by this court, facts without dispute, evidence A, each entry of evidence Nos. 1 through 3, and 1 and 3, and the purport of the whole pleadings];

A. On August 4, 2011, the Plaintiff entered into a contract with the Defendant to exchange the right to lease and the right to operate a commercial building (hereinafter “instant right to lease and the right to operate the commercial building”) on the five stories of the F building in the following cities: 6,611 square meters (hereinafter “instant forest”) owned by the Plaintiff among the shares of the 29205 square meters in the Gosi-gun, Gosi-gun, Changdong-gun, the Seoul Special Metropolitan City Office (hereinafter “the instant contract”).

B. At the time of entering into the instant contract, the Defendant stated to the Plaintiff that “I will immediately transfer the right to lease and the right to operate the instant commercial building,” and that the Plaintiff consented thereto (hereinafter “instant promise”).

C. The Plaintiff, who believed the instant promise and received KRW 50 million from the Defendant at the time of the conclusion of the instant contract, was prepared and executed a sales contract (hereinafter “instant sales contract”) stating that, considering that the price of the right to lease and the right to operate the instant commercial building is equivalent to KRW 50 million, in consideration of the fact that the price of the right to lease and the right to operate the instant commercial building is equivalent to KRW 50 million, the transaction price was determined as KRW 50 million,000,000 and received KRW 50,000 as the down payment and the remainder.

The Defendant, based on the instant contract, completed the provisional registration of the right to claim partial transfer of ownership (hereinafter “provisional registration of this case”) by the Jeonju District Court, Go Chang Chang District Court No. 12347, August 10, 201, received on August 10, 2011.

E. Since then, the Defendant did not transfer the right to lease and the goodwill to the Plaintiff, unlike the instant promise.

F. On September 13, 2012, the Plaintiff filed the instant lawsuit on the ground that not only the Defendant did not transfer the right to lease and the right to operate the instant business, but also did not grant the purchase price indicated in the instant sales contract.

(g) to this;

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