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(영문) 서울중앙지방법원 2018.11.28 2016가단155117
가등기의 본등기절차이행청구
Text

1. The Plaintiff, among the real estate shares in the attached list, Defendant B, with respect to the 3/30 shares, Defendant C, E, F, and G, respectively.

Reasons

1. Facts of recognition;

A. On July 14, 1980, the deceased H (hereinafter “the deceased”) completed a share transfer registration based on a trade on November 4, 1976 with respect to the real estate shares listed in the separate sheet (hereinafter “instant share”).

B. On July 3, 1980, the Deceased made a promise to sell and purchase real estate (hereinafter “the instant promise”) with the deceased’s son and woman, the South-North, and I, as follows, and the Plaintiff and I completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) with the Seoul Central District Court’s registry office No. 29014 on July 14, 1980.

Article 1. The contractor(s) shall make a promise to sell the shares in this case to the purchaser(s) of this case at KRW 3.24,00.

Article 2 Contractor paid 3 million won as a deposit to the buyer for sale.

Article 3 If the contractor pays the amount of the above deposit and the amount of the damages agreed in advance between the parties to the purchase by December 31, 1980, this reservation shall be rescinded, and if the purchaser fails to pay the said amount by such deadline, it shall be deemed that the parties expressed their intent to complete the trade, on the day following the expiry of the said period, even if the purchaser did not express their intention to do so, and the ownership of the share in this case shall be transferred to the purchaser.

When the full payment of transactions under the preceding Article is made, the deposit received by the purchaser and the amount of loss agreed in advance between the parties shall be appropriated for the purchase price of the shares in this case.

C. On November 11, 1995, the deceased died. The deceased’s property inherited 3/15 of the deceased’s spouse, and the Plaintiff and Nonparty I, Defendant C, E, F, and G inherited 2/15, respectively.

[Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1, 3, and 9, Purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the shares of the Plaintiff and I with respect to the provisional registration of this case are equal.

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