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(영문) 부산지방법원동부지원 2019.04.18 2018가단11772
가등기에 기한 소유권이전등기
Text

1. On November 2012, 2011, the Defendant rendered the Plaintiff with respect to each parcel of land indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiff is the representative of the Dispute Resolution Co., Ltd., and he purchased frozen fish from D and remitted 60,300,000 won to China. The plaintiff later known that the freezing fish was an article that should be judged disqualified due to excess of the Standard of Mono Reading and returned or disposed of to China.

B. Around April 2010, the auditor E (the husband of the plaintiff) filed a complaint against D, and D was convicted of imprisonment for eight months due to the above fraud.

Busan District Court Decision 2012Ma4052 Decided October 31, 2012 (Seoul District Court Decision 2012Ma4052 Decided October 31, 2012).

On the other hand, E expressed the court's intention not to punish before the sentence of the above conviction, and according to the written criminal judgment (Evidence A 5) on D, it can be seen that the victim expressed his intention not to punish.

On November 8, 2012, the Defendant, the wife of D, completed on October 30, 2012, the provisional registration of the right to claim the transfer of ownership on the ground of a pre-sale agreement on October 30, 2012 (hereinafter “the provisional registration”).

(Ground) / [Ground] : Each entry in Gap evidence 1 through 7 (including paper numbers) and the purport of the whole pleadings.

2. Accordingly, according to the Plaintiff’s exercise of the right of completion of purchase and sale by delivery of a copy of the complaint of this case based on the above purchase and sale reservation, the Defendant is obligated to implement the procedure for ownership transfer registration based on the provisional registration of this case with respect to the land

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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