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(영문) 수원지방법원 2015.06.12 2014가단51998
가등기의본등기절차이행 청구
Text

1. On February 201, 2014, the defendant filed with the plaintiffs with regard to the land size of 23,008 square meters for Pyeongtaek-gun D Forest in Gangwon-do.

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiffs set the interest rate of KRW 20 million at KRW 3 months after the due date for payment to the KNC Co., Ltd. (hereinafter “Nonindicted Company”) and lent it separately.

B. On February 18, 2014, the Defendant: (a) filed a provisional registration of the right to claim ownership transfer (hereinafter referred to as “instant provisional registration”) with the Plaintiffs on February 11, 2014 on the basis of the purchase and sale reservation (hereinafter “instant promise”); (b) on February 11, 2014, the purchase and sale agreement drafted at the time of the instant provisional registration contains the following details.

Article 1 The Defendant promised to sell the instant real estate at KRW 55 million to the Plaintiffs, and the Plaintiffs agree to this.

Article 2. The date of completion of the reservation shall be July 15, 2014, and the sale shall be deemed to have been completed as a matter of course without the plaintiffs' declaration of intent to complete the sale and purchase.

When the purchase and sale of the above real estate is completed pursuant to Article 3 (2), the sales contract between the defendant and the plaintiffs shall be established, and the defendant shall receive the price under Article 1 from the plaintiffs, and at the same time implement the procedures for the registration of ownership transfer due to the sale of the above real estate to the plaintiffs and deliver and order

Article 4 The plaintiffs shall pay to the defendant the deposit money of this reservation in KRW 20 million on the date of the reservation, and the amount shall be deducted from the price under Article 1.

C. On the other hand, on November 27, 2013, with respect to the instant real estate, the right to collateral security amounting to KRW 52 million was established against the debtor in the future of the High Military Cooperatives, the amount of the said right to collateral security was KRW 40 million.

Since August 19, 2013, the Plaintiffs did not receive the above loans from a sub-committee company.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, and Gap evidence 2-1, 2-2.

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