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(영문) 서울중앙지방법원 2018.06.15 2017가합582003
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts C, on August 23, 1984, completed the registration of ownership transfer in the future with respect to the land listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”), and thereafter, newly constructed a building listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant building”) on the said land and completed the registration of ownership preservation on May 28, 1992.

C Deceased on December 10, 1994, his spouse D, on March 10, 1999, completed each registration of ownership transfer in his future on the grounds of inheritance by agreement and division as of December 10, 1994.

The plaintiff, E, F, G, and H are children of C and D, and the defendant is the spouse of E.

Article 1 Section D has promised to sell the land and buildings of this case to the Defendant at KRW 910 million (the “former KRW KRW 10,000,000,000,000,000,000,000,000,000,000,000,000).

Article 2 The date of completion of this reservation shall be December 31, 2015, and when the date of completion thereof elapses, the trade shall be deemed to have been completed naturally without the defendant's declaration of intention to complete the trade.

Article 4 The defendant shall pay D the deposit money of this reservation to D KRW 819 million on the date of the reservation, and the amount shall be deducted from the price under Article 1.

D and on March 27, 2014, with respect to the instant land and buildings under the name of the Defendant, a trade reservation (No. B. 1-1) stating the following terms and conditions as the reservation (hereinafter “instant reservation”) was made, and the Defendant completed the provisional registration of the right to claim ownership transfer on the same day with respect to the said land and buildings (hereinafter “instant provisional registration”).

D The deceased on February 11, 2016, and the plaintiffs, E, F, G, and H are co-inheritors.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-1 (the entry of trade reservation note, Eul evidence 7). The authenticity of the entire document is presumed to be established, since the following stamp image of D name is recognized by D's seal.

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