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(영문) 수원지방법원여주지원 2017.05.23 2016가단52748
가등기의 본등기절차이행청구의 소
Text

1. The Defendant (Counterclaim Defendant) shall enter the Plaintiff (Counterclaim Defendant) in the attached Table.

Reasons

Facts of recognition

On January 8, 2015, the Plaintiff and the Defendant drafted a pre-sale agreement with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) in KRW 255,00,000 (hereinafter “instant deed”).

Article 2 of the above deed provides that the Plaintiff shall take over the secured debt of 156,00,000,000 won under the name of the maritime cooperative of the coast chain established on the instant real estate, and the secured debt of 90,000,000 won under C’s name, in lieu of the payment of the purchase price. Article 3 of the above deed provides that upon the lapse of February 28, 2015, the Plaintiff shall be deemed to have completed the transaction reservation even if the Plaintiff did not express its intent to complete the transaction.

The Plaintiff paid KRW 27,700,000 to the Defendant on the day of the contract, and on the same day, completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on January 8, 2015 by the Suwon District Court, Yangyang-si registry office for support of Suwon-gu, 2015.

On January 8, 2015, the Plaintiff paid KRW 95,000,000 to C, and subsequently cancelled C’s right to collateral security established on the instant real estate.

In addition, after January 8, 2015, the Plaintiff repaid the interest on the debt with the right to collateral security to the near coastal Ocean Fisheries Cooperatives each month, and paid all the principal and interest on the debt on May 2, 2016.

On January 9, 2015, the Plaintiff acquired the instant real estate from the Defendant and has occupied and used it from that time until that time.

(Reasons for Recognition) Facts without dispute, entries in Gap's 1 through 5, 14 through 16 (including each number), and the purport of the whole pleadings.

The Plaintiff’s assertion that the Plaintiff was the Plaintiff paid the sales price for the said real estate by acquiring all collateral obligations on the instant real estate and paying a balance of sales. Pursuant to Article 3 of the instant deed, the Plaintiff expressed its intent to complete the reservation on February 28, 2015.

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