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(영문) 대전지방법원공주지원 2019.12.12 2019가단22288
소유권이전등기
Text

1. The defendant shall receive KRW 2,00,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On September 6, 2017, C Co., Ltd. (hereinafter referred to as “C”) entered into a trade reservation agreement with D on December 31, 2018 (hereinafter referred to as “sale reservation agreement”) with respect to the real estate listed in the separate sheet listed in D (hereinafter referred to as “instant real estate”) at KRW 20,000,000,000 on the date of promise to trade, and paid KRW 18,000,000 on the date of promise to trade, and deducted the amount from the purchase price.

B. According to the instant trade reservation, C paid KRW 18 million to D, and D completed the provisional registration on September 6, 2017 with respect to the instant real estate (hereinafter “the instant provisional registration”).

C. A lawsuit for partition of co-owned property was filed with the Daejeon District Court’s official residence support 2015Kadan2446 regarding the land size of 833 square meters, including the instant real estate, Daejeon District Court. On February 29, 2017, the said court rendered a judgment that “the remaining amount after deducting the auction expense from the proceeds of sale sold at auction shall be distributed according to the co-ownership ratio,” and both appeals and appeals were dismissed, and the said judgment became final and conclusive on June 15, 2018.

According to the above final judgment, auction was conducted for the partition of co-owned property as Daejeon District Court's official branch F, and the defendant paid the successful bid price and acquired ownership on August 16, 2019.

E. Meanwhile, on March 27, 2019, the Plaintiff purchased the right based on the provisional registration of this case from C on March 27, 2019, and completed the supplementary registration with the content that the provisional registration of this case was transferred on April 2, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, according to the instant trade reservation, a trade reservation was concluded on December 31, 2018 with respect to the instant real estate, and thereafter the Plaintiff acquired the right based on the provisional registration of this case, and the Defendant.

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