(영문) 춘천지방법원강릉지원 2020.01.15 2019가단31647

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(영문) 춘천지방법원강릉지원 2020.01.15 2019가단31647

가등기말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. F 1587 square meters in the East Sea was divided into real estate No. 1 and 5 recorded in the attached list on August 6, 2018, and G 446 square meters in G was divided into real estate Nos. 2 and 3 recorded in the same list on the same day.

B. On September 30, 198, C promised to sell the real estate Nos. 4 (the same shall apply to each real estate listed in the separate sheet after the State is divided; hereinafter the same shall apply) listed in the H’s above F, G’s land, and the separate sheet (the same shall apply to each real estate listed in the separate sheet after the State is divided) for KRW 5 million, and paid KRW 4 million as deposit money, and if the purchaser pays the amount equivalent to the agreed amount of the deposit and the agreed amount of damages to the purchaser by September 30, 1996, it shall be rescinded, and if the seller fails to pay it by the due date, it shall be deemed that the parties expressed their intention to complete the sale and purchase before the end of the above period, and it has concluded a provisional registration with respect to each of the real estate in the name of the purchaser (hereinafter “the provisional registration”).

C. On December 8, 198, H died on December 8, 1988, H completed the registration of ownership transfer due to the inheritance of each of the instant real estate by agreement or division.

The Plaintiff lent to E each amount of KRW 18,00,000,000, and KRW 29.2,000,000 on October 29, 2018 in order to secure the said loan, and concluded a contract to establish a collateral security contract on October 29, 2018 and completed the registration of establishment of a collateral security of KRW 18,00,000 on each of the instant real estates with the maximum debt amount received on October 30, 2018 as the maximum debt amount received on October 30, 2018.

E. C died on August 27, 2019, and his/her husband and wife completed the additional registration before the transfer of ownership transfer claim due to inheritance due to the agreement division regarding the provisional registration of this case.

[Reasons for Recognition] Unsatisfy, A1, .

유사 판례

-춘천지방법원강릉지원 2020.01.15 2019가단31647

-춘천지방법원영월지원 2016.01.27 2015가단11293

-광주지방법원 2015.02.10 2014가단501911

-서울서부지방법원 2020.01.31 2019나38608