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(영문) 제주지방법원 2018.05.31 2017가단56539
가등기에 기한 본등기 청구
Text

1. The defendant on September 30, 2009, as to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The defendant and the non-party C Co., Ltd. (hereinafter "non-party Co., Ltd.") entered into a trade reservation on June 17, 2009 on real estate under the ownership of the defendant. The main contents are as follows.

Sales amount: The date of completion of a pre-contract for sale and purchase of KRW 1.5 billion shall be December 31, 2010, and when the date of completion expires, trade shall be deemed to have been completed as a matter of course, even if there is no declaration of intention of pre-contract

When the sale is completed, the defendant shall receive the purchase price from the non-party company and simultaneously implement the registration procedure for transfer of ownership due to sale to the non-party company.

At the same time, the defendant shall implement the provisional registration procedure to preserve the right to claim ownership transfer against the non-party company.

The list of real estate: D orchard 1,257 square meters, E preceding 2,846 square meters, F prior to 3,607 square meters, G orchard 4,717 square meters;

B. On September 30, 2009, on the basis of the provisional registration of the right to claim ownership transfer and the promise to pay the purchase price, the Defendant made a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) to the non-party company, and the non-party company paid KRW 1.5 billion to the Defendant between June 24, 2009 and November 30, 2010.

C. On August 6, 2010, among four parcels of land, which were planned to be sold and purchased on August 6, 2010, “D” was divided into “D at Seopopo City” and “D at Seopo City in Seopo City in Seopo City” and “I at Seopo City in Seopo City in Seopo City” were divided into “ Seopo City E” and “Spo City in Seopopo City in Seopo City

(hereinafter referred to as “the instant real estate”) H land and I land in Seogpo-si, Seopo-si, divided:

On March 26, 2014, the non-party company transferred the right to claim ownership transfer registration to J.

The J transferred the right to claim the transfer of ownership to the Plaintiff on March 27, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. We examine the defendant's assertion.

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