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(영문) 광주지방법원 2018.12.19 2017나2447
소유권이전청구권가등기말소등기 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide C with real estate listed in attached Table 4.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet is owned by C, and as to the real estate listed in paragraph (1) of the separate sheet as to the real estate listed in paragraph (1) of the separate sheet, the provisional registration of the right to claim transfer of ownership in the name of the Defendant was received on July 29, 2013, as to the real estate listed in paragraph (2) of the separate sheet, the Gwangju District Court received on July 29, 2013, as to the provisional registration of the right to claim transfer of ownership in the name of the Defendant, as to the real estate listed in paragraph (3) of the separate sheet, the provisional registration of the right to claim transfer of ownership in the name of the Defendant was completed on June 16, 2015 (hereinafter referred to as “provisional registration as of June 16, 2015”), the provisional registration of the right to claim transfer of ownership in the name of the Defendant (hereinafter referred to as “provisional registration as of December 24, 2012), and the provisional registration as to the real estate listed in paragraph (4) of the separate sheet.

B) The registration of the establishment of chonsegwon (C) was completed on December 17, 2013, which was made from December 15, 2013 to December 13, 2014 in the name of the Plaintiff, with respect to the real estate listed in paragraph (1) of the attached list No. 1, the registration of the establishment of chonsegwon (C) was completed. (c) The Plaintiff filed a lawsuit against C against Gwangju District Court 2016Gadan23, was awarded a favorable judgment, and the judgment was finalized on June 30, 2016. [No grounds for dispute over recognition, evidence No. 1, evidence No. 2-1, and No. 2-1 to 4], and the purport of the entire pleadings as a whole.

2. Determination as to the cause of action

A. The plaintiff's primary claim 1) The provisional registration under the name of the defendant in the name of each real estate listed in the separate sheet is a provisional registration of invalidity of cause caused by a pre-sale agreement based on false representation of agreement between C and the defendant, and thus the plaintiff seeks cancellation of each provisional registration in subrogation of C.

B) Even if the reservation to sell and purchase each real estate listed in the separate sheet between C and the Defendant is not invalid, the reservation to sell and purchase real estate listed in paragraph 4 of the separate sheet concluded between C and the Defendant as of December 14, 2012 (hereinafter “the reservation”) shall be made on December 14, 2012.

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