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(영문) 청주지방법원충주지원 2020.07.22 2019가단21906
가등기말소
Text

1. The Defendant: (a) on October 11, 2018, the Cheongju District Court’s voice registry office with respect to the Plaintiff’s 1,203 square meters of paddy-gun Co., Ltd.

Reasons

1. Basic facts

A. On October 10, 2018, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant with respect to the land owned by the Plaintiff with respect to the 1,203 square meters (hereinafter “instant land”) as follows. On October 11, 2018, the Plaintiff completed the provisional registration of the right to claim transfer of ownership under the Defendant’s name (hereinafter “provisional registration”).

Article 1 (Plaintiffs, hereinafter referred to as “A”) has promised B (the Defendant; hereinafter referred to as “B”) to sell the instant land at KRW 100,000,000 in price, and B has consented thereto.

Section 2. The date of completion of this reservation shall be October 9, 2019, and shall be deemed to have been completed, as a matter of course, even if there has been no declaration of intention to complete the trade of Section B.

When the sale and purchase has been completed pursuant to Article 3(2), the sales contract for the land of this case between Gap and Eul is established, and Gap shall receive the price under Article 1 from Eul and simultaneously implement the procedure for the registration of transfer of ownership due to the sale and purchase of the land to Eul, and deliver and order the land.

Article 4 Section B shall pay Party A the deposit of this reservation amount of KRW 20,000,000 on the date of the reservation, and the amount shall be deducted from the price under Article 1.

Article 5 Section A shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation to Section B with respect to the above land.

B. On October 11, 2018, the Plaintiff borrowed money from the Defendant through Nonparty D, and delivered D with the loan certificate in the form of “A” (hereinafter “the loan certificate in this case”). On October 11, 2018, the loan certificate in the form of “A” (hereinafter “the loan certificate in this case”). On October 11, 2018, the loan certificate in the form of “A borrowed KRW 20,000,000 in daily loan and borrowed money at the time of repayment after three months.

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