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(영문) 수원지방법원 2017.02.15 2015가단64281
가등기에 기한 본등기절차이행
Text

1. The defendant on December 3, 2009 with respect to the response of the wife population C, 3,438 square meters to the plaintiff, which is permitted to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 28, 2004, the Defendant completed the registration of transfer of ownership with respect to the land at issue 3,438 square meters (hereinafter “instant land”).

B. On December 31, 2004, the Plaintiff and the Defendant determined KRW 750 million for the instant land as the purchase price. The Plaintiff succeeded to KRW 300 million for the secured debt of the right to collateral security established with respect to the instant land, and the down payment of KRW 50 million for the contract date, the intermediate payment of KRW 120 million for the intermediate payment of KRW 120 million is paid on January 9, 2005, and the remainder of KRW 280 million on February 3, 2005, respectively, and the ownership transfer registration is made on the date one year after the Defendant acquired the ownership of the instant land, and at the same time upon the receipt of the remainder, a sales contract was concluded to deliver all documents necessary for provisional registration to the Plaintiff.

(hereinafter referred to as “instant sales contract”). C.

As to the land of this case, the Plaintiff completed the registration of the right to claim ownership transfer on the ground of the transaction promise as of February 4, 2005, No. 22096, Feb. 3, 2005, and on November 20, 2009, the Plaintiff cancelled the above provisional registration on November 25, 2009, on the ground of the cancellation on November 20, 2009.

As to the land of this case, the Plaintiff completed the provisional registration of the claim for transfer of ownership on the ground of the transaction promise as of December 3, 2009, No. 187282, which was received on December 3, 2009, and December 3, 2009.

(hereinafter referred to as the provisional registration of this case). [The ground for recognition] is that there is no dispute, each entry of Gap evidence Nos. 1 through 15 (including any number, if any), witness D's testimony, overall purport of pleading [the defendant], Gap evidence No. 1 (a sales contract), Gap evidence No. 6-1 (a certificate), Gap evidence No. 6-5 (a certificate), Gap evidence No. 8 (a certificate of provisional registration of this case).

However, among the evidence mentioned above, the whole purport of the argument is to exclude evidence No. 1, evidence No. 6-1, evidence No. 6-5, and evidence No. 8.

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