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(영문) 수원지방법원안산지원 2016.05.19 2015가합21476
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the former owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) and is the network E who operated the “D funeral hall” in the instant real estate.

Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and is the F’s wife actually operating the said company.

B. On July 29, 201, the Defendant Company entered into a sales contract and completed provisional registration of the Defendant Company: (a) purchased the instant real estate, which is the site of the D funeral hall operated by the Plaintiff from the Plaintiff; and (b) purchased the instant real estate in KRW 10,50,00,000 as follows; and (c) completed the provisional registration of ownership transfer claim based on the same day’s reservation on the instant real estate on August 26, 201 (hereinafter “provisional registration of this case”); and (d) thereafter, operates the D funeral hall from the instant real estate around that time.

(Payment of Purchase Price)

(a) the seller lends 200,000,000 won from the buyer on behalf of the buyer on a sales basis;

(b)a loan of KRW 9,000,000 shall be succeeded by the buyer.

(c)the intermediate payment and the balance 1,300,000,000 won shall be payable in several equal installments by mutual agreement.

(Transfer of Ownership)

(a) A seller shall immediately deliver documents required for the registration of ownership transfer to the buyer who receives any balance;

(b) A seller shall transfer the operating right of a DNA funeral hall to a purchaser before he/she receives any balance without compensation;

(c) If a buyer makes a request before the transfer registration of ownership, a seller shall deliver documents necessary for provisional registration under a contract;

C. On July 12, 2013, the Defendant Company filed for ownership transfer registration under the name of Defendant Company C, completed the principal registration based on the above provisional registration in the name of the Defendant Company, and cancelled the above provisional registration after completing the ownership transfer registration in the name of C with respect to real estate listed in paragraph (7) of the attached Table on the same day.

[Reasons for Recognition] There is no dispute.

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