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(영문) 창원지방법원 2018.11.14 2018구합50978
경정거부처분취소
Text

1. The Defendant’s rejection of correction against the Plaintiff on June 2, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On January 26, 2005, the Plaintiff entered into and rescinded a sales contract for each of the instant real estate (hereinafter “each of the instant real estate”) with A on January 26, 2005.

A) As to each of the 1,428 shares of KRW 151,20,000 in sales amount (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

2) The Plaintiff filed a lawsuit against A to seek implementation of the procedure for ownership transfer registration of each of the instant real estate in Changwon District Court 2014 (the Changwon District Court 2014Gahap396) since A did not perform the procedure for ownership transfer registration under the instant sales contract.

(A) On May 15, 2014, the branch court of the Changwon District Court rendered a judgment that “A shall pay KRW 120,960,000 from the Plaintiff at the same time, and at the same time implement the procedure for the transfer registration of ownership on January 26, 2005 with respect to the share of 1428/11901 of each of the instant real estate,” and the above judgment (hereinafter “the first judgment”).

(4) On July 1, 2015, A sent to the Plaintiff a notice to the effect that the Plaintiff would cancel the instant sales contract on the grounds that the Plaintiff would not perform its obligation to pay any balance under the instant sales contract, by content-certified mail. On December 10, 2015, A filed a lawsuit against the Plaintiff on December 10, 2015, seeking the refusal of compulsory execution based on the first judgment against the Plaintiff’s judgment against the Changwon District Court’s Tong branch branch branch of the Changwon District Court (the Changwon District Court 2015Kahap1423).

5) However, on June 27, 2016, the Plaintiff deposited the remainder of KRW 190,960,000 for the reason of the Plaintiff’s refusal to receive A as a deposit, to the court, and on June 28, 2016, the Plaintiff transferred the ownership transfer registration under the name of the Plaintiff for the reason of the instant sales contract (hereinafter “instant transfer registration”) with respect to each of the instant real estates on June 28, 2016.

6) complete the proceedings.

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