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(영문) 광주지방법원 2017.04.07 2016나58115
소유권이전청구권가등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Party status C is referred to the network D, network E, the Defendant, F, and G, and the Plaintiff is an infant of the network E.

B. Each real estate listed in [Attachment List 1] Acquisition of ownership of each real estate listed in [Attachment List 1] owned by the network C. On January 19, 2015, the ownership transfer registration under the Plaintiff’s name was completed on October 5, 1993 for each of the above real estate by agreement and division as of October 19, 2015. (2) The real estate listed in [Attachment List 3] was owned by the network C and G. On January 19, 2015, the ownership transfer registration under the Plaintiff’s name was completed on October 5, 1993 for the inheritance by agreement and division as of January 19, 2015 (hereinafter “each of the instant real estate”).

C. On November 20, 2015, with respect to each of the instant real estate between the Plaintiff, the Defendant, and the F, a pre-sale agreement was prepared with the following content:

(hereinafter “instant reservation”). Article 1 of the instant reservation agreement, the Plaintiff, the Defendant, and F, shall trade each of the instant real estate owned by the Plaintiff at KRW 502,30,000.

Article 2: The Defendant and F shall pay the Plaintiff KRW 502,300,000 as the above subscription deposit money, and the Plaintiff shall receive the said money in full.

Section 3. The date of the completion of the sale and purchase of this reservation shall be no later than 20 November 2025, and upon the expiration of such date, the sale shall be deemed to have been completed as a matter of course without the Defendant and F’s declaration of intention to complete the sale and purchase.

When the sale and purchase has been completed pursuant to Article 4 Article 3, a sales contract for each real estate of this case between the plaintiff, the defendant, and the F is established, and the plaintiff receives the remainder after deducting the deposit money of Article 2 from the price of Article 1 from the defendant, F, and simultaneously takes procedures for the registration of ownership transfer due to the sale and purchase of each real estate of this case to the defendant, and deliver and order the respective real estate of this case.

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