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(영문) 서울중앙지방법원 2018.09.18 2018가단16032
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. The Plaintiff’s designated party (Counterclaim Defendant) is 1653.21/695 of the size of Jeju Forest land 69521 square meters.

Reasons

1. Basic facts

A. On June 12, 2007, the Plaintiff’s designated party entered into a pre-sale agreement with the Defendant to purchase KRW 1653/1,69521, out of Jeju Forest and Jeju Forest and 69521 square meters (hereinafter “instant real estate”). The date of completion of the sale shall be June 11, 2010; however, if the date of completion of the sale expires, the Plaintiff’s designated party shall be deemed to have completed the sale even if the Plaintiff’s designated party expressed his/her intent to complete the sale; and on July 9, 2007, the Plaintiff’s designated party completed the registration of the right to claim partial transfer of ownership on the ground of the said pre-sale agreement, as stated in the purport of the claim.

B. On April 19, 2007, the selector entered into a pre-sale agreement with the Defendant to purchase 661/6921/69/69/21 of the instant real property at KRW 2.7 million, and the date of completion of the sale agreement shall be April 18, 2010; however, if the date of completion expires, even if the selector did not express his/her intent to complete the sale agreement, he/she shall be deemed to have completed the sale agreement; and on April 26, 2007, he/she completed the provisional registration of the claim for partial transfer of ownership on the ground of the said pre-sale agreement (hereinafter “each provisional registration of this case”).

[Ground of recognition] Unsatisfy, Gap 1-2, each entry (including a serial number), the purport of the whole pleadings

2. Determination

A. According to the fact that the obligation to register the partial transfer of ownership was established, the Plaintiff’s designated party and the appointed party (hereinafter “Plaintiff, etc.”) and the Defendant entered into a pre-sale agreement in relation to each of the instant provisional registrations as at the time, on June 11, 2010 through April 18, 2010, and on the expiration date of the pre-sale agreement, the sales was naturally concluded even without the Plaintiff, etc.’s declaration of intention to complete the sales, and when the sales was completed, the sales contract for the instant real estate was established between the Plaintiff, etc. and the Defendant, and the Defendant, respectively.

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