(영문) 수원지방법원안산지원 2015.10.02 2014가단100078

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(영문) 수원지방법원안산지원 2015.10.02 2014가단100078

가등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B purchased the instant real estate from 25,50,000,000 won from east-do Housing Construction Co., Ltd. on October 4, 198, and completed the registration of ownership transfer on December 10, 198.

B. On September 22, 2003, B completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on March 15, 200 with respect to the instant real estate, which was based on the trade reservation. However, the main contents of B and the pre-sale contract prepared by the Defendant on March 15, 2000 (hereinafter “instant pre-sale contract”) are as follows.

Section 1 Section B shall make a promise to sell the real estate of this case to A for KRW 30,00,000,000, and A shall accept it.

Article 2. The date of completion of the sale and purchase agreement shall be December 31, 2004; and upon the expiration of the above date, the sale and purchase agreement shall be deemed to have been completed as a matter of course without A’s declaration of intention to complete the sale and purchase agreement.

When the sale and purchase has been completed pursuant to Article 3(2), a sales contract for the real estate of this case is established, B shall receive the price under Article 1 from A, and at the same time implement the procedure for the registration of ownership transfer due to the sale and purchase of the real estate of this case to A, and deliver and order the real estate.

Article 4 Section A shall pay to B the deposit money of this reservation 10,000,000 won on the date of the reservation, and such amount shall be deducted from the price referred to in Article 1.

C. The Plaintiff filed a lawsuit against the Plaintiff, etc. seeking the payment of the acquisition amount as the Suwon District Court Branch Branch 2012 Ghana27607. On May 7, 2013, the said court rendered a judgment that “B shall pay to the Plaintiff the amount of KRW 11,532,260 as well as KRW 4,791,667 at the rate of 17% per annum from May 1, 2012 to the date of full payment,” and the said judgment became final and conclusive on June 12, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence Nos. 9 and 22, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion of this case.

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