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(영문) 수원지방법원 여주지원 2018.09.11 2016가단57477
가등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

Around February 2013, Co., Ltd. D, E, F, and Defendant (hereinafter “E”) entered into a sales agency agreement with G Co., Ltd. (hereinafter “G”) on the land of H Il-gun in the Gyeonggi-gun, including each real estate listed in the separate sheet (hereinafter “instant agreement”), and conducted land development and sales as G.

On February 5, 2013, prior to the commencement of G, the Defendant completed a provisional registration of the right to claim transfer of ownership on January 30, 2013 with respect to each real estate listed in the separate sheet on the separate sheet.

Plaintiff

A shall acquire the real estate listed in attached Tables 1 and 2, and Plaintiff B shall have acquired the real estate listed in Attached List 5 from each G, and completed the registration of ownership transfer on the real estate sold in November 6, 2015, respectively.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 6, Eul evidence 3 (including each number), the purport of the whole pleadings.

The plaintiffs' assertion E completed the provisional registration of this case in the defendant's name in order to secure the purchase price of each real estate of this case from G through the agreement of this case, and ordered to cancel the provisional registration after receiving the sale price from the buyer.

The Plaintiffs paid all the sales price of each of the instant real estate to G, and as E has completed the registration of ownership transfer with respect to each of the instant real estate to the Plaintiffs, E would be deemed to have received the sales price.

Therefore, the defendant should cancel provisional registration of each real estate of this case.

Judgment

In full view of the above evidence and the purport of the evidence Nos. 2 and 4 (including each number), the evidence submitted by the Plaintiffs alone cannot be readily concluded that E has received the sales price of each real estate of this case from G, and there is no other evidence to acknowledge this differently.

① There is no financial data to confirm that G has delivered the sales price received from the Plaintiffs to E.

(2)

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