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(영문) 대전지방법원공주지원 2019.12.12 2019가단22264
소유권이전등기
Text

1. The defendant shall receive KRW 1,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On December 23, 2015, the Plaintiff’s representative director C entered into a trade reservation agreement with D as of December 31, 2018, on real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) (hereinafter “instant real estate”). The Plaintiff’s representative director paid KRW 7 million on the date of the promise to sell and purchase, deducted it from the purchase price, and entered into a trade reservation agreement as of December 31, 2018 (hereinafter “instant purchase reservation”).

B. According to the instant trade reservation, C paid KRW 7 million to D, and D completed a provisional registration on December 28, 2015 with respect to the instant real estate (hereinafter “the instant provisional registration”).

C. D, including the instant real estate, filed a lawsuit seeking partition of co-owned property with the Daejeon District Court’s official branch office 2015Kadan2446 regarding the land size of 340 square meters prior to E, Daejeon District Court. On February 29, 2017, the said court rendered a judgment that “the remaining amount after deducting the auction expenses from the proceeds from the sale of the said land was sold at auction” was determined as the co-owned share ratio, and all appeals and appeals were dismissed, and the said judgment became final and conclusive on June 15, 2018.

D In accordance with the above final judgment, the Daejeon District Court filed an application for auction for partition of co-owned property as the official branch F for the above land, and the defendant paid the successful bid price on August 16, 2019 and acquired ownership.

E. Meanwhile, on March 27, 2019, the Plaintiff purchased the right based on the provisional registration of this case from C on March 27, 2019, and completed the supplementary registration with the content that the provisional registration of this case was transferred on April 2, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, according to the instant purchase and sale reservation, a trade reservation was concluded on December 31, 2018 with respect to the instant real estate, and thereafter the Plaintiff acquired the right based on the provisional registration of this case, and the Defendant acquired the instant real estate.

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