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(영문) 창원지방법원 2019.01.10 2018가합53040
가등기말소
Text

1. On February 26, 2018, the defendant shall receive from C the Changwon District Court, Kimhae registry office, as to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On April 3, 2017, the Plaintiff is the party’s position 1) that the Plaintiff is a parcel of land D and 220 parcel from Kimhae-si, Kimhae-si, and 220 parcel of land (hereinafter “instant site”).

(2) On March 26, 2018, upon the completion of the registration of transfer of ownership on the real estate in the separate sheet (hereinafter “instant real estate”) located in the instant project site, C is the owner of the instant real estate up to the present date after completing the registration of transfer of ownership on December 18, 1981, and the Defendant is the spouse of C, who completed the registration of transfer of ownership on the instant real estate.

B. On February 1, 2018, the disputing Plaintiff filed a lawsuit against C on February 1, 2018, claiming ownership transfer registration based on the right to request sale under the Housing Act (the Changwon District Court 2018Gahap50539, hereinafter “instant lawsuit”), and the Changwon District Court rendered a judgment that accepted the Plaintiff’s claim on November 8, 2018 (the appeal is pending by the Busan High Court 2018Na13861).

C. On February 26, 2018, the Defendant’s provisional registration on the instant real estate C entered into a pre-sale agreement with the Defendant for sale and purchase of the instant real estate (hereinafter “instant pre-sale agreement”) and completed the provisional registration on February 26, 2018 for the Defendant to whom the Changwon District Court Kimhae Office received on February 26, 2018 (hereinafter “the provisional registration of this case”).

【Ground of recognition-based dispute】 The facts that there is no dispute, Gap evidence Nos. 1 through 4, 10 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

(a)each entry and pleading set forth in Gap evidence 4, 10, and 12 (including paper numbers);

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