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(영문) 청주지방법원충주지원 2020.09.24 2020가단1090
가등기말소
Text

1. On January 26, 2018, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Cheongju District Court Branch of Chungcheongju Branch of the District Court.

Reasons

Facts of recognition

A. On November 24, 2017, the Plaintiff and the Defendant concluded a pre-sale agreement with regard to real estate listed in the separate sheet, setting the sales amount of KRW 450 million as follows:

- The following- (1) The plaintiff has promised to sell to the defendant the real estate listed in the attached list for a price of KRW 450 million,000,000,000.

(2) The date of completion of the sale and purchase agreements shall be December 31, 2018; and upon the expiration of the said date, trade shall be deemed to have been completed as a matter of course without the defendant's declaration of intention to complete the sale and purchase agreements.

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

④ The Defendant shall pay the Plaintiff the deposit money of this reservation to KRW 00 million on the date of the reservation, and the amount shall be deducted from the price under Article 1.

⑤ At the same time as this reservation is concluded, the Plaintiff shall implement the provisional registration procedure for preservation of the right to claim transfer of ownership by means of trade reservation against the Defendant.

(6) A seller and a person obligated to make a contract for sale: The defendant

B. On November 24, 2017, the Plaintiff and the Defendant agreed to take over the secured debt of the right to collateral security established on the real estate stated in the separate list instead of the payment of deposit money set forth in the said A at the time of concluding a trade reservation.

C. On January 26, 2018, the Plaintiff completed the provisional registration of the right to claim the transfer registration of ownership on each real estate listed in the separate sheet according to the said promise to sell and purchase. D.

Even after the lapse of December 31, 2018, the date of the contract for sale and purchase, the Defendant does not take over the secured obligation under the above paragraph (b), and the deposit money set forth in the above A.

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