(영문) 춘천지방법원 2015.10.13 2014가단33188

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(영문) 춘천지방법원 2015.10.13 2014가단33188

가등기에 기한 본등기 청구의 소

Text

1. The defendant shall pay to the plaintiff the share of 1/2 of the real estate stated in the attached list with Hongcheon District Court on 1989.

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of transfer of ownership on August 9, 1989 with respect to shares 1/2 of the real estate listed in the separate sheet (hereinafter “instant land”).

B. On August 1, 1989, the Plaintiff entered into a trade reservation with the Defendant on the instant land (hereinafter “instant trade reservation”) with the following content.

Section 1. The contractor (referred to as the defendant, hereinafter the same shall apply) shall make a promise to sell to the purchaser (referred to the plaintiff; hereinafter the same shall apply) any real estate which was made at the end of his own possession and shall consent to the purchaser.

Section 2. The contractor for the purchase shall pay to the contractor for the sale the proceeds in advance with the deposit money of this Agreement, and the contractor for the sale shall have received the amount in advance.

Article 3 If the contractor pays the deposit money of the manufacture and the amount of damages agreed in advance between the parties to the purchase by December 31, 1989, this purchase and sale reservation shall be rescinded. If the seller fails to pay the said amount by the due date, the purchaser shall be deemed to have expressed his/her intent to complete the sale as of the following day after the end of the said period without any separate declaration between the parties, and at the same time the buyer shall pay the balance to the buyer, and at the same time, the buyer shall transfer the ownership of the subject matter of the contract to the buyer, deliver the subject matter to the buyer without any limited real right, and shall implement the procedure

C. Accordingly, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the Plaintiff on August 9, 1989 on the ground of the pre-sale agreement as of August 1, 1989, Hongcheon District Court Hongcheon Registry on August 9, 1989.

[Ground of recognition] A. 1, A. 2, the Defendant asserted that the above document was forged, but the appraiser C’s appraisal result.

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