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(영문) 대구지방법원 서부지원 2018.01.31 2016가단54050
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. As to the Plaintiff’s succeeding Intervenor’s 1,514 square meters prior to the Gyeongbuk-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Intervenor joining the Defendant (hereinafter “Defendant Intervenor”) completed the registration of ownership transfer on December 4, 1989 with respect to the size of 1,514 square meters (E land) prior to the Gyeongbuk-gun, Gyeongbuk-gun, North Korea (hereinafter “E”) on November 30, 1989.

B. The defendant, who is the intervenor of the defendant, completed the registration of transfer of ownership on May 15, 199 on the land E due to the sales contract dated May 13, 199.

(Seoul District Court Seo-gu Branch of the District Court, the elderly registry office, No. 5071, May 15, 1999, and hereinafter "the provisional registration of this case").

The Plaintiff completed the registration of ownership transfer on March 13, 2002 due to sale on February 25, 2002 as to land E. D.

On September 8, 2015, the Plaintiff’s Intervenor (hereinafter “Plaintiff’s Intervenor”) entered into a real estate sales contract with the Plaintiff to purchase the E-land from the Plaintiff to purchase KRW 830 million (the purchase price of KRW 40 million, intermediate payment of KRW 43 million, the balance of KRW 70 million, and the remainder of KRW 747 million, within 30 days after the business approval) for the purpose of carrying out a housing construction project that constructs apartment buildings and ancillary and welfare facilities.

E. On April 28, 2016, the Plaintiff and the Plaintiff’s succeeding intervenor partially amended the terms and conditions of the instant real estate sales contract (the remaining KRW 317 million out of KRW 747 million shall be paid from the land trust after the termination of the instant provisional registration, and the remaining KRW 430 million shall be replaced by the sale of the unsold unit to the Plaintiff). Accordingly, the Plaintiff’s succeeding intervenor completed the registration of ownership transfer on May 27, 2016 on the land E due to sale and purchase as of April 28, 2016.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 12 evidence, Eul's 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim of the plaintiff intervenor

A. In the unilateral promise for sale as stipulated in Article 564 of the Civil Act, determination as to the cause of the claim, the other party to the reservation expressed his/her intention to complete the sale and purchase.

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