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(영문) 울산지방법원 2018.01.10 2017가단7292
가등기에 기한 본등기 절차이행
Text

1. On January 10, 2014, the Defendant: (a) filed a port branch of Daegu District Court with respect to the Plaintiff’s 2,134 square meters of forest land B in the north-gu, Seo-gu, Dong-gu; (b)

Reasons

1. The Plaintiff, on December 20, 2013, lent KRW 100 million to the Defendant.

(2) In order to secure the instant loan on December 30, 2013, the Plaintiff and the Defendant agreed to sell the instant land to the Plaintiff at KRW 150 million,00,000,000 to secure the instant loan (hereinafter “instant land”). The Plaintiff and the Defendant agreed to sell the instant land to the Plaintiff at KRW 150,000,000 (Article 1). The date of completion of the pre-sale agreement is December 20, 2014; the date of completion of the pre-sale agreement shall be December 20, 2014; and the said date of completion shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the sale (Article 2).

On January 20, 2014, the Defendant completed the registration of the right to claim transfer of ownership on the instant land by the Daegu District Court No. 3187 as to the Plaintiff’s receipt of distribution support by the Daegu District Court.

(hereinafter “Provisional Registration of this case”). The Defendant did not comply with the procedure for principal registration of ownership transfer on the instant land, and the Plaintiff filed the instant lawsuit against the Defendant on May 2, 2017 to the effect that he/she shall exercise the right to complete the reservation based on the instant trade reservation.

The price of the instant land calculated based on the officially assessed individual land price in 2013 is KRW 79,384,800 at the time of the reservation, and the price as of May 15, 2017, calculated based on the officially assessed individual land price in 2016, is KRW 78,317,800.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, the purport of the whole pleadings

2. Determination

A. The relevant legal doctrine, provisional registration, security, etc. Act (hereinafter “Provisional Registration Security Act”) applies only where the value of the property at the time of the reservation for transfer of property rights exceeds the sum of the borrowed amount and the interest accrued therefrom with respect to provisional registration based on the reservation for transfer of property rights.

As such, the market price at the time of reservation for the real estate secured by provisional registration is that.

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