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(영문) 창원지방법원통영지원 2019.04.17 2018가단4887
소유권이전등기
Text

1. The Defendant is on the Plaintiff’s 26.40 square meters of the storage and treatment facilities of single-storys of the C ground slock slock slive roof at the time of Tongyoung-si.

Reasons

1. Basic facts

A. On May 6, 1997, the Plaintiff agreed with the Defendant to purchase a 267 square meters of land C miscellaneous land and a 26.40 square meters of facilities for storage and treatment of dangerous substances of single-storys of the land tank lux roof in Tong-si, Si, and the Defendant, and accordingly, completed the registration of ownership transfer under the Plaintiff’s name on the said land on June 18, 1997.

B. However, with respect to the building of this case, the Plaintiff and the Defendant prepared a pre-contract for sale of real estate (hereinafter “instant pre-contract”) with the following content on the ground that the building of this case, which is a storage facility, should be owned by the Defendant, should be owned by the Defendant.

Article 1 The defendant has promised to sell the building of this case owned by himself to the plaintiff, and the plaintiff has consented to it.

The sale price shall be reserved to be sold in KRW 3,000,000.

Article 2 The Plaintiff paid 2,500,000 won to the Defendant as the deposit money under this Agreement, and the Defendant received an increase in the amount.

Article 3 If the Defendant pays to the Plaintiff the amount equivalent to the deposit money under the preceding Article and the amount of damages agreed upon between the parties by May 6, 1998, this reservation shall be rescinded. If the Defendant fails to pay the said amount by the said period, it shall be deemed that the parties expressed their intent to complete the purchase and sale as of the following day after the said period expires, and the ownership of the subject matter shall be entirely transferred to the Plaintiff. The Defendant delivers the subject matter without any limitation and shall also implement the procedure for ownership transfer registration.

When a declaration of intention to complete the trade under the preceding Article has been made, the deposit money received by the defendant and the amount of damage agreed in advance between the parties shall be appropriated for the purchase price of this article.

Article 5 The defendant shall implement the provisional registration procedure to the plaintiff in order to preserve the right to claim ownership transfer under this Agreement.

§ 6. This section.

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