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(영문) 서울중앙지방법원 2017.09.13 2016가단5221705
가등기말소
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) As to the real estate listed in Attachment 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer as to each real estate listed in the separate sheet (hereinafter “instant real estate”) with the Gwangju District Court Decision No. 33605, Aug. 27, 2004.

B. On May 12, 2016, the Defendant completed the provisional registration of the right to claim transfer of ownership as to each of the real estate listed in paragraph (1) of the attached Table No. 1970 as to the real estate listed in paragraph (1) of the attached Table No. 1970, which was received on May 13, 2016 by the Gwangju District Court, and as to the real estate listed in paragraph (2) of the attached Table No. 19971, May 13, 2016, and as to each of the real estate listed in paragraphs (3) and (4) of the attached list No. 2000, received on May 13, 2016.

(hereinafter “Provisional Registration of this case”). C.

The provisional registration completed with respect to each real estate listed in the separate list Nos. 3 and 4 among the provisional registration of this case was cancelled on July 12, 2016 as the receipt No. 28295 on July 14, 2016 for the reason of cancellation.

[Grounds for recognition] Gap evidence Nos. 2-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. On May 12, 2016, the Plaintiff agreed to sell the instant real estate to the Defendant and receive only the down payment, and make a provisional registration to the Defendant, but if the Plaintiff fails to receive the second down payment and balance from the Defendant, the Plaintiff agreed to cancel the provisional registration.

Since the defendant did not pay the second down payment and the remainder, it shall cancel the provisional registration completed with respect to each real estate listed in the attached Tables 1 and 2 in accordance with the agreement.

Since the sales contract of this case was cancelled, the above provisional registration should also be cancelled.

Attached Form

The cancellation of provisional registration completed with respect to each real estate listed in the list 3 and 4 shall conform to the substantive relationship.

B. The Defendant invested the money in Defendant C Co., Ltd. (formerly D Co., Ltd., representative E, and hereinafter “C”) and completed the provisional registration of this case as security.

The defendant shall be listed in attached Tables 3 and 4 to a certified judicial scrivener.

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