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(영문) 부산지방법원 2020.06.02 2017가단24096
가등기말소등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Changwon District Court Development Registry on January 2014.

Reasons

1. Facts of recognition;

A. On June 2, 2003, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On June 18, 2014, the Plaintiff entered into a pre-sale agreement with Defendant B, setting the purchase price of the instant real estate as KRW 360,000,000, and Defendant B paid the Plaintiff KRW 230,000 as a deposit money on the date of promise.

On June 23, 2014, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as “provisional registration”) by the Changwon District Court Development Registry No. 6713, Jun. 23, 2014.

C. Defendant B completed the provisional registration of the right to claim transfer of ownership transfer (hereinafter “second provisional registration”) in the form of registration No. 11630 of the above registry office on October 15, 2014 on the ground of the pre-sale agreement made by the Defendant Credit Guarantee Fund on October 14, 2014.

As Defendant B failed to pay the balance of the pre-sale agreement, around May 19, 2017, the Plaintiff cancelled the pre-sale agreement and sent the content-certified mail for cancellation of Defendant B’s registration No. 1 and reached Defendant B around that time. On December 28, 2017, the Plaintiff returned KRW 230,000,000 to Defendant B.

E. Meanwhile, the Defendant Credit Guarantee Fund against the Plaintiff and the Defendant B, on the basis of the obligee’s subrogation right against the Plaintiff, filed a claim against the Defendant B for the implementation of the procedures for the registration of ownership transfer on the ground of the completion of a pre-sale agreement based on the registration No. 1. The Defendant B filed a lawsuit against the Defendant Credit Guarantee Fund for the implementation of the procedures for the registration of ownership transfer based on the registration No. 2018Na50611, but the appellate court of the above appellate court (the Busan District Court 2018Na50611) is the Defendant Credit Guarantee Fund as the provisional registration of the provisional registration.

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