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(영문) 청주지방법원제천지원 2016.07.21 2016가단697
가등기에 기한 본등기 이행
Text

1. The Defendant received on May 30, 2007 from the Cheongju District Court, Cheongcheon District Court on the land of 988 square meters in Cheongcheon-si.

Reasons

1. According to the purport of the entire pleadings in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff agreed on May 29, 2007 to purchase from the defendant for purchase of KRW 988m2 (hereinafter "the forest of this case") for KRW 50,00,000 from KRW 50,000 (hereinafter "the contract of this case"), and the date of the completion of the sale shall be November 28, 2007, and upon the lapse of the above day, the sale shall be deemed to have been completed as a matter of course without the plaintiff's expression of intent to complete the sale. On May 30, 2007, the plaintiff made a provisional registration of the right to claim ownership transfer (hereinafter "provisional registration of this case") under the Cheongju District District Court No. 14046 on May 30, 207.

According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on November 28, 2007, based on the provisional registration of this case with respect to the forest of this case, to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The defendant borrowed KRW 80,00,000 from the plaintiff (hereinafter "the loan of this case"), and completed the provisional registration of this case for the purpose of securing the obligation for the loan of this case, and if the principal registration is completed based on the provisional registration of this case, on condition that the loan of this case was fully repaid. However, there is no evidence to prove that the provisional registration of this case is a provisional registration for the purpose of security, or that the defendant completed the registration of ownership transfer based on the provisional registration of this case only on the condition that the provisional registration of this case is a provisional registration for the purpose of security or on the condition that the defendant

Rather, the fact that the purchase price of this case was KRW 50,00,000 is recognized as above, and according to the purport of Gap evidence No. 3 and all pleadings, the defendant, on October 9, 2009, transferred the forest land owner of this case to the plaintiff at any time.

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