(영문) 춘천지방법원 2017.07.06 2016가단6937

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(영문) 춘천지방법원 2017.07.06 2016가단6937

가등기의 본등기절차 이행청구

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1. The Defendant: (a) on May 27, 2015, with respect to the Plaintiff’s share of 2640/24992, out of C Forest Land No. 24992 square meters in Chuncheon-si.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 2-1, 2, 3, 8, and 9, and there is no counter-proof.

On May 26, 2015, the Plaintiff agreed to purchase KRW 80,000,00 for the purchase price with respect to the portion of KRW 2640/2492 square meters in Chuncheon City C forest land (hereinafter “instant land”) from May 26, 201 to the Defendant, and the right holder with the reservation shall be the Plaintiff, and the date of the completion of the sale shall be May 28, 2016. The date of the completion of the sale shall be May 28, 2016. The sale shall be deemed to have been completed as a matter of course, even if the right holder’s declaration of the completion of the sale has not been expressed. ③ When the sale has been completed, the sale contract between the contractor and the right holder is established; ④ the right holder with the reservation shall receive the purchase price from the right holder and simultaneously implement the procedure for ownership transfer registration due to the sale; ④ the right holder shall pay the purchase price to the contractor as deposit in this reservation, and the amount shall be deducted from 800,00,00.

B. On May 27, 2015, the Defendant filed a provisional registration with the Plaintiff on May 27, 2015, for the right to claim partial transfer of shares (hereinafter “provisional registration of this case”) based on a trade reservation on May 26, 2015, with the Chuncheon District Court’s receipt of Article 29232 of the 29232.

2. Determination

A. As to the Plaintiff’s assertion, the Defendant asserts that the Plaintiff is obligated to implement the principal registration procedure based on the provisional registration of this case, on the basis of the provisional registration of this case.

According to the above facts, upon the completion of May 28, 2016, the reservation of this case was passed by the Plaintiff as the right holder of the reservation.

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