logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.12 2014가단5218903
소유권이전청구권가등기말소
Text

1. The defendant shall receive on January 28, 1989 the Dongcheon District Court of Incheon with respect to the area of 1983 square meters of forest B in Jung-gu, Incheon.

Reasons

1. Facts of recognition;

A. On January 27, 1989, the Defendant entered into a pre-sale agreement with C on the land of Jung-gu Incheon District Court B, Incheon District Court No. 2206, Jan. 28, 1989 with respect to the instant real estate, with the following content:

(hereinafter referred to as “the provisional registration of this case”). Article 1: C has promised to sell the real estate of this case to the Defendant at the price source, and the Defendant has accepted it.

Article 2:The date of completion of the sale and purchase agreements shall be January 27, 1990, and shall be deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the sale and purchase.

Article 3:In the event the sale and purchase is completed pursuant to Article 2, C and the defendant shall enter into a sales contract for the real estate of this case, and C shall receive the price under Article 1 from the defendant, and simultaneously implement the procedure for the registration of ownership transfer due to the sale and purchase of the real estate and deliver and order the above real estate

Article 4:The defendant shall pay C the deposit of this reservation amount of KRW 57,00,000 on the date of the reservation, and the amount shall be deducted from the price under Article 1.

Article 5:C shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the defendant.

B. On July 4, 2014, the Plaintiff filed a lawsuit seeking revocation of a fraudulent act against C, etc. by Seoul Central District Court Decision 2014Gahap514443, and was sentenced to the judgment on July 4, 2014 that “C, etc. jointly and severally with the Plaintiff to pay KRW 920,582,887 and delay damages therefor,” and the said judgment became final and conclusive around that time

C. C is insolvent at the time of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff C is the plaintiff on January 1, 1989.

arrow