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(영문) 서울남부지방법원 2016.10.13 2016가단234771
가등기에 기한 본등기절차이행
Text

1. On December 12, 2013, the Defendant issued a registration office of the Seoul Southern District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. (1) The factual basis for the indication of the claim;

A. The party-related defendant is the owner of the real estate listed in the attached list (hereinafter "the real estate of this case"), and the plaintiff is the provisional registration right holder who has entered into a pre-sale agreement with the defendant on the real estate of this case.

(A) A certified copy of the real estate register of No. 1;

On December 10, 2013, the Defendant and the Plaintiff entered into the sales reservation contract (hereinafter referred to as “instant sales reservation contract”) with the following terms and conditions:

(A) Preliminary Party: B (Defendant), A (Plaintiff) a person entitled to the reservation to sell real estate: the sale price of the instant real estate: 200,000,000 won (pre-paid deposit KRW 190,000,000, the balance of KRW 10,000,000): the date of completion of the sale: June 30, 2014.

After making a provisional registration for the instant real estate, pursuant to the implementation clause of the provisional registration procedure for preserving the right to claim ownership transfer under Article 5 of the Sales Reservation Agreement, I completed the provisional registration for the instant real estate as the Seoul Southern District Court’s Office of Registration No. 88082 on December 12, 2013.

(A) The Defendant’s obligation to implement the procedures for the registration of ownership transfer and to deliver real estate (2) and the Defendant’s obligation to deliver real estate. According to Article 2 of the Contract for Sale and Purchase written by the Plaintiff and the Defendant, the instant contract for sale and purchase is naturally concluded even if there is no declaration of intent to complete the sale and purchase when the date of completion elapses. The instant contract for sale and purchase was concluded on July 1, 2014 after the lapse of the date of completion of the sales contract on June 30, 2014, and thus, the instant contract for sale and purchase was concluded between the Plaintiff and the Defendant as of July 1, 2014.

I have the honor to this effect.

Therefore, the defendant, the seller, is obligated to implement the procedure for ownership transfer registration for the real estate in this case to the plaintiff as the buyer.

(3) As seen earlier, as seen earlier, the Defendant on July 1, 2014.

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