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(영문) 창원지방법원거창지원 2019.09.24 2018가단1433
소유권이전청구권가등기말소
Text

1. The Defendants shall receive from D on October 10, 198 the Changwon District Court Joint Registry with regard to the land size of 1,217 square meters in Chungcheongnam-gun E-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. F, who is the father of the Plaintiff, completed the registration of ownership transfer on September 15, 198 with respect to the real estate stated in the Disposition No. 1 (hereinafter “instant land”).

B. On September 6, 1988, F entered into a pre-sale agreement with the Defendants on the pertinent land and received KRW 20,000,000 as the pre-sale payment. On October 10, 1988, F entered into a provisional registration for the right to claim ownership transfer of the said land (hereinafter “the provisional registration of this case”) with the Changwon District Court Joint Registry No. 14000,000 received on October 10, 198.

C. At the time of the pre-sale agreement, F and the Defendants paid the entire sales amount agreed upon by the Defendants to F by October 1989, the parties were deemed to have expressed their intent to complete the sale, and the ownership of the subject matter of the contract is entirely transferred to the Defendants, and F agreed to deliver the subject matter without any objection and implement the principal registration procedure for transfer of ownership.

(Article 3. d. of the Statement of Contracts for Sale)

On the other hand, on October 7, 1988, immediately before the completion of the above provisional registration, F drafted and delivered to the Defendants an agreement stating that “The Defendants shall sell the instant land to you return (the Defendants) and make a provisional registration without filing a transfer registration due to circumstances, but at the time of the request for the principal registration after the next time, they shall be responsible for the principal registration and be bound by documents relating to the registration.” (No. 3 and “the instant agreement”).

E. The F died on June 24, 1990, and the Plaintiff, as F’s inheritor, completed the registration of ownership transfer on July 31, 2018 for the said land due to an agreement division.

F. Next, on December 6, 2018, the Plaintiff concluded a sales contract with D to set the sales price of KRW 35 million with respect to the said land. As a special agreement, D pays KRW 2.5 million on the date of the contract, and the Plaintiff completes the transfer of ownership on the said land at the same time, and the remainder KRW 10 million is the Plaintiff.

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