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(영문) 서울북부지방법원 2011.09.29 2011가단11365
소유권이전등기
Text

1. The defendant on December 1, 2008, with respect to the real estate stated in the attached list to the plaintiff by the Seoul Northern District Court.

Reasons

1. Determination on the cause of the claim

A. (1) On November 28, 2008, the Plaintiff and the Defendant drafted a pre-sale agreement with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) on December 10, 2008, stating that the date of completion of the purchase and sale shall be December 10, 2008, but when the said date has elapsed, the pre-sale agreement shall be deemed to have been completed as a matter of course without a separate resolution of completion of the sale (hereinafter referred to as “instant pre-sale agreement”).

(2) On December 1, 2008, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) by the Seoul Northern District Court’s receipt of the Northern Branch Registry No. 14048 with respect to the apartment of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

B. According to the above facts, the defendant, barring special circumstances, is obligated to implement the principal registration procedure of transfer of ownership on the ground of the provisional registration of this case with respect to the apartment of this case on December 10, 2008, on the basis of the provisional registration of this case.

2. Judgment on the defendant's assertion

A. On November 24, 2008, the defendant asserted that the plaintiff transferred the ownership of the apartment of this case to the plaintiff after selling the commercial building previously purchased by the original defendant to another person, but if it is difficult to transfer the apartment of this case due to the burden of capital gains tax, etc., the contract of this case was concluded to substitute it with another 25-type apartment of this case. The contract of this case was concluded by the plaintiff and the employees of the certified judicial scrivener office in collusion with the plaintiff on December 10, 2008, and the defendant operated the principal registration procedure with respect to the apartment of this case without any conditions upon the above date.

B. According to each of the statements in the panel 1, No. 1, and No. 1, the Plaintiff and the Defendant purchased D Apartment No. 201 (hereinafter “instant commercial building”) in Seoul Special Metropolitan City, Nowon-gu on November 11, 2008, and the Plaintiff.

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