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(영문) 부산지방법원 2015.12.08 2014가단250788
가등기말소
Text

1. The plaintiff (Counterclaim defendant)'s action against the defendant E shall be dismissed;

2. The defendant (Counterclaim defendant) B, C, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 4, 2009, Defendant E and F purchased each real estate listed in the separate sheet owned by the Plaintiff (at the time, it was one parcel of 3,174 square meters of forest land G, Busan-gu, but the subdivision registration was completed due to the division on January 28, 2014 thereafter, as the instant real estate; hereinafter “instant real estate”). Around June 4, 2009, Defendant E and F entered into an agreement with the Plaintiff to jointly carry out a project for developing a multi-household housing or factory site (hereinafter “instant joint agreement”).

B. On June 4, 2009, Defendant E, F, and H, as their wife, concluded a sales contract with F, to purchase the instant real estate with F as purchaser (hereinafter “instant sales contract”), and paid to the Plaintiff KRW 70 million in total, which is KRW 30 million on the same day as the down payment, and KRW 30 million on June 15, 2009.

C. On June 15, 2009, the Plaintiff, Defendant E, F, and I entered into a pre-sale agreement on the instant real estate (hereinafter “instant pre-sale agreement”) and the Plaintiff, the creditor of H, as the provisional registration right holder, shall be the Plaintiff, and the Plaintiff shall have the 4/10 shares, and the F and Defendant E shall have the 3/10 shares, respectively, and the registration of the right to claim transfer of ownership was completed on June 16, 2009 by the Busan District Court North Busan District Court Decision No. 32905, Jun. 16, 2009.

(hereinafter the above provisional registration is referred to as “the provisional registration of this case,” and the above 3/10 shares of Defendant E as the person entitled to provisional registration are referred to as “share of the provisional registration of this case”). D.

Meanwhile, Defendant E completed the additional registration of the transfer of shares in the provisional registration of this case to J as of December 22, 2009, by the Busan District Court North Busan District Court, No. 75693, Dec. 22, 2009; however, the J (hereinafter “the deceased”) died on October 5, 201; the deceased’s heir was the Defendant B, C, and D, who is a lineal descendant.

E. Thereafter, H on August 23, 2010.

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