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(영문) 수원지방법원 2016.01.07 2015나2796
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. Upon a claim added at the trial, the defendant is out of the attached list of real estate.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act

[Supplementary or supplementary parts] Paragraph (c) of Section 2 of the judgment of the court of first instance shall be made as follows.

A person shall be appointed.

C. On January 4, 1999, the Deceased entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant pre-sale agreement”). On January 16, 1999, the Deceased completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”).

Article 1 The Deceased has promised to sell the real estate of this case to the Defendant at the price of KRW 50 million, and the Defendant has consented thereto.

Article 2. The date of completion of the sale of this reservation shall be January 4, 2001, and the sale shall be deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the sale.

When the sale and purchase has been completed pursuant to Article 3(2), the sale and purchase contract for the above real estate between the deceased and the defendant shall be concluded, and the deceased shall receive the price under Article 1 from the defendant, and at the same time, shall conduct the procedure for the transfer registration of ownership due to the sale and purchase of the above real estate

Article 4 The defendant shall pay 40 million won on the date of the reservation to the deceased as the deposit money of this reservation, and the above amount shall be deducted from the price under Article 1.

The following shall be added to Chapter 3 of the first instance court Decision 4:

H. However, on January 14, 2015, which was after the judgment of the court of first instance, the Nonparty: (a) based on the registration of the provisional right to claim the transfer of ownership on January 14, 2015, and based on the registration of the provisional right to claim the transfer of ownership on January 12, 2015, the Incheon District Court No. 3633, Jan. 14, 2015.

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