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(영문) 대전지방법원홍성지원 2020.05.27 2019가단34619
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 3, 2, and 3, Eul evidence Nos. 2, 3, 4, 5, 6, 7, and 5.

A. On July 27, 2005, the Defendant made a pre-sale promise with C as to each of the shares of C, among the 33,058 square meters in Chungcheongnam-gun budget D forest and E forest and 33,058 square meters in land (hereinafter “each of the instant land”).

B. According to the above pre-sale agreement, C sold to the Defendant the share of C 1/2 of each land of this case at KRW 30 million, and the date of completion of the sale shall be July 27, 2007. Upon the completion date, C agreed that the sale is completed as a matter of course without the pre-sale right holder’s declaration of intent to complete the sale of each land of this case.

In addition, the defendant paid KRW 30 million to C on the same day.

C. On August 9, 2005, the Defendant completed the provisional registration of each of the instant land under the Act No. 19134 as to each of the instant land.

After that, on July 13, 2010, the Plaintiff acquired the said C’s shares on July 13, 2010 on each of the instant land on the ground of donation.

(A) No. 9). e.

However, on July 27, 2007, the Defendant filed a lawsuit against Daejeon District Court for the implementation of the registration procedure for transfer of ownership on the ground of the completion of the pre-sale agreement on July 27, 2007, with respect to the real estate stated in the Attachment No. 2015da8698.

F. Accordingly, the above court rendered a judgment to the Defendant that “C shall implement the procedure for ownership transfer registration on July 27, 2007 based on the provisional registration completed on August 9, 2005 by the Daejeon District Court Budget Office of Budget and Registry of Budget with respect to each real estate listed in the separate sheet, which was completed on August 9, 2005.” The judgment became final and conclusive around that time.

G. Accordingly, on June 29, 2018, the Defendant completed the registration of ownership transfer based on the above provisional registration with respect to the real estate stated in the attached list according to the above judgment.

H. As a result, on June 29, 2018, 1/2 of the Plaintiff’s ownership shares decreased to 2/6 of the share due to the principal registration of the above provisional registration.

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