(영문) 전주지방법원 2015.05.22 2014가단19600

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(영문) 전주지방법원 2015.05.22 2014가단19600

가등기에 기한 본등기 청구

Text

1. Of the real estate listed in the separate sheet, the shares of the Plaintiff (Counterclaim Defendant), Defendant (Counterclaim Plaintiff), Defendant C, D, E, and F are 9/54 shares, respectively.

Reasons

1. Determination on the main claim

A. (1) K completed the registration of ownership transfer concerning the instant real estate on April 22, 1993.

(2) Around April 2008, the Plaintiff liveded with K and entered into a pre-sale agreement with K on May 13, 2008 with respect to the instant real estate (hereinafter “instant pre-sale agreement”). The main contents are as follows.

The contractor for sale: K and the purchaser: The contractor for sale and purchase of real estate between the plaintiffs shall be made as follows:

Section 1. The contractor shall make a promise to sell the real estate of this case to the purchaser at KRW 20 million, and the purchaser shall accept the promise.

Article 2. The contractor shall pay 20 million won as the deposit money of this Agreement to the seller, and the seller shall have received the amount in advance.

Article 3 If the contractor pays the deposit money of the preceding Article and the amount equivalent to KRW 20 million agreed in advance between the parties to the purchase by December 31, 2013, this reservation shall be rescinded. If the purchaser fails to pay the amount by the said period, the purchaser shall be deemed to have expressed his/her intention of full payment between the parties as the following day after the end of the said period without any separate indication between the parties, and the ownership of the real estate of this case shall be entirely transferred to the purchaser, the buyer shall deliver the object without any limited real right and shall also implement the procedure for registration of ownership transfer.

In case where a declaration of intention to complete the sale under Article 4 was made, the deposit received by the purchaser and the amount of loss agreed in advance between the parties shall be appropriated as the purchase price of the real estate in this case.

Article 5. The contractor shall implement provisional registration procedures to preserve the right to claim ownership transfer under this Agreement to the purchaser purchaser.

Article 6 When this reservation is terminated, the purchaser shall cancel the registration of transfer of ownership.

Special agreements:

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