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(영문) 수원지방법원 평택지원 2018.02.02 2017가단3425
가등기말소등기절차이행
Text

1. The Defendant (Counterclaim Defendant) shall have the Suwon District Court as to each real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. The fact that there is no dispute over the claim in this case, and comprehensively taking account of the purport of the entire argument in Gap's statement, the plaintiff entered into a trade promise with the defendant to sell each land of this case on September 15, 2002, and the plaintiff entered into a provisional registration with the defendant on September 15, 2002 and completed the provisional registration of the right to claim transfer of ownership (hereinafter "provisional registration of this case").

In other words, the right to complete the pre-sale is a kind of right to make the other party express his/her intention to complete the pre-sale agreement and to conclude the pre-sale agreement, and if there is no such an agreement, it shall be exercised within such period, and if there is no such agreement, within 10 years from the time of the establishment of the pre-sale agreement, the right to complete the pre-sale shall expire upon the lapse of the exclusion period.

(2) According to the reasoning of the judgment below, the Defendant is liable to implement the procedure for the cancellation registration of the provisional registration of this case on September 15, 2002, and the provisional registration of this case on October 13, 2000 is obligated to implement the procedure for the cancellation registration of the provisional registration of this case.

2. Judgment on the counterclaim

A. In full view of the fact that there is no dispute over the cause of a counterclaim, and the purport of the entire pleadings in the statements (including a provisional number; hereinafter the same shall apply) in Eul-1, Eul-2, and 4, the defendant shall purchase each of the lands of this case from the plaintiff represented by the non-party C (Ah's son) on April 26, 2005, in KRW 300 million, and the down payment shall be paid on the date of the sales contract, and the remainder shall be paid on the date of

4. The payment shall be made on July 30, 2005. The plaintiff settled the oxygen on the land No. 2 of this case by July 30, 2005. The plaintiff entered into a sales contract (hereinafter "the sales contract of this case"). The defendant paid the down payment of KRW 50 million to C on the day of the sales contract, and on April 27, 2005, the amount of KRW 35,536,326 to D Association, which is the right to collateral security, as well as KRW 35,536,326, E.

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