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1. Revocation of a judgment of the first instance;
2. The plaintiff's main claim is dismissed.
3. The plaintiff as added by this court.
Reasons
1. Facts of recognition;
A. On December 10, 2013, with respect to the real estate listed in the attached list No. B owned by the bankrupt (hereinafter “instant real estate”), a pre-sale agreement was made between the Plaintiff and the bankrupt as follows (hereinafter “instant pre-sale agreement”). Accordingly, with respect to the instant real estate, the Seoul Southern District Court (Seoul Southern District Court) issued on December 12, 2013, the provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “the instant provisional registration”) was completed on December 10, 2013 as the receipt of No. 88082 on December 12, 2013, the Seoul Southern District Court (hereinafter “instant provisional registration”).
Preliminary Party: Preliminary Party B (A) and Preliminary Zone A (B) and Preliminary Zone A (B): The Preliminary Party A, Article 1, of the instant real estate, has promised to sell the instant real estate to B at the cost of this billion won (200,000,000 won) and consented to the sale.
Article 2 The date of completion of the principal contract shall be June 30, 2014, and the trade shall be deemed to have been completed as a matter of course, even if there is no declaration of intention to complete the trade of B, at the expiration of the said date.
When the sale and purchase has been completed pursuant to Article 3 (2), a sales contract for the above real estate has been concluded between Gap and Eul, and Gap shall receive the full amount of the price under Article 1 from Eul and simultaneously take procedures for the registration of transfer of ownership due to the sale and purchase of the above real estate and deliver and order the above real estate to Eul.
Article 4 Section B shall pay Gap 190,000,000 won as the deposit money of this reservation, and the amount shall be deducted from the price under Article 1.
Article 5 Section A shall, at the same time as this reservation is concluded, implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the said real estate.
Article 6 (Expenses Incurred in Filing Applications for Registration by this Reservation, Registration Tax, etc. shall be borne by A.
B. A bankrupt person B is the representative director of D Co., Ltd. (hereinafter referred to as “D”), and the Plaintiff is a E Co., Ltd. (hereinafter referred to as “E”) engaged in the original production and processing business.