logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.04.21 2014가단46319
소유권이전등기
Text

1. The part concerning the claim for cancellation of provisional seizure execution among the lawsuit of this case shall be dismissed.

2. The defendant shall pay KRW 92,600,000 from the plaintiff.

Reasons

1. Basic facts

A. On May 14, 2014, the Plaintiff purchased KRW 137,600,058 square meters of C forest land in Jeju-si (hereinafter “instant real estate”). The Plaintiff concluded a sales contract with the Defendant to pay KRW 137,600,000 for down payment of KRW 15 million on the date of the contract, intermediate payment of KRW 30 million until September 5, 2014, and the remainder of KRW 92,60,000,000 for payment by payment by documents and reimbursement necessary for the procedures for ownership transfer registration (hereinafter “instant sales contract”).

B. The Plaintiff paid the down payment of KRW 15 million and the intermediate payment of KRW 30 million within the agreed time limit. On October 23, 2014 and December 4, 2014, the instant real estate was executed by each provisional attachment as indicated in the separate sheet. The Defendant refused to implement the procedures for the registration of ownership transfer under the instant sales contract on the ground that the market price of the instant real estate is KRW 400 million.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The Plaintiff asserted against the Defendant at the same time that the Plaintiff received the remainder of KRW 92.6 million from the Plaintiff, and the Plaintiff cancelled the execution of each provisional seizure on the instant real estate and completed the registration procedure for transfer of ownership in the Plaintiff’s future.

3. Determination

A. The provisional seizure by the court's decision of provisional seizure as to the legitimacy of the part of the claim for cancellation of provisional seizure among the lawsuit of this case cannot be arbitrarily removed from the execution by the decision of provisional seizure, unless it is by the method of cancellation or cancellation of execution by the court of execution. Thus, the part of claim for cancellation of provisional seizure against

B. According to the facts as seen earlier prior to the determination on the claim for the performance of the procedure for the registration of ownership transfer, the Defendant shall have the remainder of KRW 92.6 million from the Plaintiff according to the instant sales contract, barring any special circumstance.

arrow