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(영문) 광주지방법원목포지원 2015.06.09 2014가단7696
지분가등기말소
Text

1. The defendant B, as the defendant

A. The Gwangju District Court with respect to one half-half of the area of 16295 square meters out of the forest land in Jeonan-gun, Jeonan-gun.

Reasons

1. Facts of recognition;

A. On May 27, 199, the Defendant completed the provisional registration of the right to claim the transfer of the entire ownership based on the purchase and sale reservation made on May 25, 199 (hereinafter “provisional registration”) with respect to the real estate described in B’s paragraph (a) on May 27, 199, as well as the provisional registration of the right to claim the transfer of the entire ownership based on B’s purchase and sale reservation made on May 18, 200, as to each real estate described in B’s paragraph (b) and (c) on May 17, 200.

B. On November 27, 2013, the Plaintiff filed a lawsuit claiming the amount of money (hereinafter “instant judgment”) against B with the Seoul Central District Court as Seoul Central District Court No. 2013Garo 954522. On November 27, 2013, the said court rendered a judgment that “B shall jointly and severally pay to E and the Plaintiff 11,107,116 won and 12,000,000 won per annum from November 16, 2001 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

C. Meanwhile, in addition to the real estate listed in Section 1(a) through paragraph (c) of this Article, B has the entire ownership or ownership rights as to the 327 square meters in Sejong-si, F. 327 square meters in Sejong-si, G 20 square meters in Sejong-si, H large 3 square meters in Sejong-si, and D large 959.90 square meters in Sejong-si (B and 13 other persons co-ownership), but is insolvent as the total value of each of the above lands does not reach the Plaintiff’s claim amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including each number), inquiry results against the Ministry of Land, Infrastructure and Transport of this Court, the purport of the whole pleadings

2. The right that the other party to the purchase and sale becomes effective by expressing his/her intention to complete the sale and purchase in a unilateral promise as stipulated in Article 564 of the Civil Act, and so-called right to complete the purchase and sale, if there is an agreement between the parties as a sort of right to participate in the sale and purchase, the right to complete the purchase and sale shall be exercised within such period, and if there is no such agreement, within 10 years from the time the reservation is established, and when such period has elapsed, the right to complete

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