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1. The plaintiff (Counterclaim defendant) is the Seoul Western District Court with respect to real estate stated in the separate sheet to the defendant (Counterclaim plaintiff).
Reasons
1. On December 30, 2003, the Plaintiff entered into a trade reservation with the Defendant with respect to the instant real estate owned by the Defendant (hereinafter “instant reservation”) on the basis of the underlying facts (the fact that there is no dispute, and evidence No. 1-1), and completed the provisional registration of the right to claim transfer of ownership on April 29, 2004, as the receipt registry office No. 22233, the Seoul Western District Court completed the provisional registration of the instant provisional registration (hereinafter “instant provisional registration”).
The contractor B(A) and the contractor A(b) shall be named as the contractor B(A) and the contractor A(b) shall enter into a pre-sale agreement as follows:
(A)(A) has promised to sell to (B) the real estate of this case in the amount of KRW 160,000,000,000.
Section 2. The date of the completion of the sale and purchase of this reservation shall be April 10, 2005, and shall be deemed to have been completed as a matter of course without the (B) declaration of intention to complete the sale and purchase.
When the sale and purchase of the above real estate has been completed pursuant to Article 3(2), the sale and purchase contract for the above real estate has been concluded between (A)(B), and (A) shall receive the price under Article 1 from (B) and shall carry out the procedure for the registration of transfer of ownership due to the sale and purchase of the above real estate and deliver and order the above real estate to
(B) (A) A shall pay to (A) a sum of KRW 160,000,000 on the date of reservation as the deposit money of this Agreement, and such amount shall be deducted from the price under Article 1.
Article 5 (A) At the same time as this reservation is concluded, the procedures for provisional registration of the preservation of the right to claim transfer of ownership by means of trade reservation shall be implemented to (B) with respect to the said real estate.
2. The parties' assertion
A. Since the purchase and sale reservation on the instant real estate was completed on April 10, 2005, as set out in the Plaintiff’s assertion, as to the instant real estate, the Defendant is obligated to implement the principal registration procedure for ownership transfer on the instant real estate.
B. The defendant's argument is correct.