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(영문) 수원지방법원 2019.02.14 2018가단3461
가등기에 의한 본등기등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On October 24, 2016, E drafted the following pre-sale contract with the Defendant on the land of 6,612 square meters of D forest land in Sungsung-si (hereinafter “instant real estate”).

(A) The Defendant, B, and E). On November 2, 2016, E paid KRW 20 million to the Defendant.

Article 1 Section A shall make a promise to sell the real estate of this case to Section B in the price of KRW 200 million, and Section B shall accept it.

Article 2. The date of completion of the sale and purchase agreement shall be April 20, 2017, and the sale and purchase agreement shall be deemed to have been completed as a matter of course without the B’s declaration of intention to complete the sale and purchase agreement.

When the sale and purchase has been completed pursuant to Article 3 (2), the sales contract for the above real estate between Gap and Eul shall be concluded, and Gap shall receive the price under Article 1 from Eul and simultaneously implement the procedure for the registration of transfer of ownership due to the sale and purchase of the above real estate and deliver and order the above real estate to Eul.

Article 4 Section B shall pay Party A the deposit of this reservation amount of KRW 30 million on the date of the reservation, and the amount shall be deducted from the price under Article 1.

E, October 25, 2016, on the instant real estate, completed the registration of ownership transfer claim on October 24, 2016 on the ground of trade reservation.

E on December 19, 2017, on October 25, 2016, transferred to the Plaintiffs all the rights arising from the provisional registration of transfer of ownership based on a trade reservation. On December 19, 2017, the Plaintiffs completed the registration of transfer of ownership in the name of E on December 19, 2017.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 4 (including a document with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, as the plaintiffs acquired the right to claim for ownership transfer registration of the real estate of this case from E, the defendant is paid the remaining purchase price of KRW 180 million from the plaintiffs, at the same time, and the real estate of this case to the plaintiffs.

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