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(영문) 전주지방법원정읍지원 2016.09.06 2015가단5055
소유권이전등기
Text

1. The defendant completed by the Jeonju District Court No. 809 of August 19, 1986 with respect to each real estate listed in the separate sheet No. 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant maintained marital relations by marriage around December 1962 and divorced on October 16, 2014.

B. On August 1986, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) at KRW 15 million (hereinafter “instant pre-sale agreement”) and completed the registration of the Plaintiff’s right to claim ownership transfer under the name of each Plaintiff as of August 19, 1986, as the Jeonju District Court No. 809, August 19, 1986, with respect to the instant land No. 1.

C. At the time of the instant promise, the Plaintiff and the Defendant agreed to the effect that “the Defendant paid the Plaintiff the amount equivalent to the damages agreed in advance with the said KRW 15 million by December 31, 1986, the instant promise shall be rescinded. If the Defendant did not pay the said amount by the said period, it shall be deemed that the parties expressed their intent to complete the sale and purchase between the parties on the following day after the said period expires, and the ownership of the instant land No. 1 shall be entirely transferred to the Plaintiff. The Defendant shall deliver the instant land No. 1 without any restriction, and the ownership transfer registration procedure shall be implemented.”

The Defendant did not pay the Plaintiff the above KRW 15 million and the damages as of the date of the closing of the instant argument.

E. On June 25, 2008, the Defendant completed each registration of preservation of ownership in the name of the Defendant regarding each real estate listed in the separate sheet No. 2 (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the Plaintiff’s assertion 1 did not pay the money set forth in the instant purchase and sale reservation, the purchase and sale reservation for the instant land No. 1 was completed on January 1, 1987, the Defendant made the Plaintiff’s purchase and sale on the instant land No. 1.

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