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(영문) 대구지방법원 영덕지원 2018.10.30 2018가단744
가등기에 기한 본등기청구의 소
Text

1. The Plaintiff:

A. Defendant B’s agricultural partnership shall be liable for each of the real estates listed in the separate sheet No. 1 on September 10, 2008.

Reasons

1. Around June 2007, the Plaintiff agreed to lend KRW 200 million to or invest in the Defendant Corporation in connection with the development project promoted by Defendant B Incorporated Partnership (hereinafter “Defendant Corporation”). In this regard, the Defendant Company agreed to pay KRW 400 million to the Plaintiff.

In relation to the above debts, the defendant corporation entered into a pre-sale agreement with the plaintiff on September 10, 2008 on each real estate listed in the separate sheet No. 1, and completed the registration of the right to claim ownership transfer on September 17, 2008, and the defendant C entered into a sales contract with the plaintiff on October 28, 2008 on each real estate listed in the separate sheet No. 2, and completed the registration of the right to claim ownership transfer on November 13, 2008.

However, since each of the above sales contracts constitutes a "water repayment agreement" in its substance, the Plaintiff may seek the transfer of ownership of each of the above real estate without exercising a separate right to complete the sales contract.

Therefore, the Defendant corporation is obligated to perform the registration procedure for ownership transfer on September 10, 2008 with respect to each real estate listed in the separate sheet No. 1 list, and the Defendant C is obligated to perform the registration procedure for ownership transfer on October 28, 2008 with respect to each real estate listed in the separate sheet No. 2 list. 2.

2. Grounds for recognition: Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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