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(영문) 서울중앙지방법원 2018.07.10 2017가단106310
소유권이전 본등기절차 이행청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) B Co., Ltd.:

A. The plaintiff (Counterclaim defendant, the designated party) A. Jeju Special Self-Governing Province.

Reasons

1. Determination as to the principal lawsuit

A. In full view of the purport of the entire pleadings in the part Gap 1 through 6 against the defendant company (including branch numbers if there are serial numbers), the defendant company is obligated to perform the procedure for the registration of ownership transfer or the registration of transfer of ownership transfer claim as stated in the disposition of the plaintiff and the selected party.

(b) Part concerning Defendant C: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination on the defense and counterclaim

A. A. A summary of the claim is 1) Provisional registration of the Plaintiff and the designated parties, such as the statement in the claim for a counterclaim, should be cancelled since the extinctive prescription has expired from the date of a real estate development project contract concluded with the Defendant company. 2) Defendant Company returned the purchase price of KRW 35,646,540 to the designated parties on July 26, 2006

B. According to each entry of Gap 1-1-6 as to the expiration of the extinctive prescription period, the plaintiff and the designated parties may, while entering into a real estate development project agreement with the defendant company, recognize the fact that the plaintiff and the designated parties have agreed to complete provisional registration (the plaintiff, the designated parties I,K) or trust registration (the appointed parties E and G) by the method of preserving the rights of the plaintiff and the designated parties, but there is no ground to view that the extinctive prescription of provisional registration is in progress immediately from the date of entering

Rather, comprehensively taking account of the overall purport of the arguments in each statement in Gap 2 and 3, the defendant company and defendant C concluded a pre-sale agreement with the plaintiff and the designated parties on each date stated in the "detailed statement of claims by plaintiff" as stated in the separate sheet of "statement of claims by plaintiff" as stated in the above real estate development project agreement in order to implement the method of preserving rights under the above real estate development project agreement, and agreed to implement the provisional registration procedure for the right to claim transfer of ownership at the same time as the pre-sale agreement was entered, and at that time, the provisional registration of this case was completed

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