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(영문) 울산지방법원 2015.09.23 2014나10977
가등기에 기한 본등기절차이행
Text

1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or can be found in full view of the statements in Gap evidence 1-2, Eul evidence 1-2, and Eul evidence 1-4, as well as the purport of all the arguments in the testimony of F, J and K.

On May 17, 2013, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 97 million with respect to the amount of KRW 99,00,000,000 (hereinafter “instant sales contract”) owned by the Defendant, and agreed to pay KRW 60,000,000 out of the purchase price to the Plaintiff for the secured debt for the registration of establishment of mortgage in the name of the Ulsan Livestock Cooperative, Ulsan District Court, Ulsan District Court, which was completed on August 19, 201 pursuant to Article 6633, regarding the instant land in lieu of the Plaintiff’s acceptance of the secured debt for the registration of establishment of mortgage in the name of the Ulsan Livestock Cooperative, Ulsan District Court, Busan District Court, which was completed on August 19, 2011, and the down payment of KRW 10,000,000 on the date of the contract, the intermediate payment of KRW 17,00,000 on the date of the provisional seizure

B. After that, the Plaintiff agreed to make a provisional registration of the instant land under the name of the Plaintiff instead of paying any balance in advance with the Defendant.

C. Accordingly, on May 20, 2013, the Plaintiff remitted one million won out of the down payment to the Defendant, and on May 22, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration”) under the name of Ulsan District Court’s Jung District Branch’s receipt of a registry office of Jungsan District Court on the instant land, and on May 23, 2013, remitted the remainder of the down payment amount of nine million won and the remainder of ten million won to the Defendant.

The registration of provisional seizure on the instant land was cancelled on August 26, 2013.

E. On the other hand, on May 17, 2013, the Plaintiff and G Co., Ltd. (hereinafter “G”) operated by F, the Defendant’s husband, and the Plaintiff newly constructed a building on the instant land. The construction price on the instant land was 100 million won.

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