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(영문) 부산지방법원 2018.09.19 2017가합50634
가등기말소
Text

1. The defendant is the Busan District Court with regard to C's 1/2 shares among each real estate listed in the separate sheet to the plaintiff.

Reasons

Facts of recognition

A. C and D owned each real estate listed in the separate sheet (hereinafter “instant real estate”) and each 1/2 share of each real estate of 26 square meters in Busan Jin-gu, Busan, with 26 square meters and 4 square meters in total.

B. On August 25, 2011, the Defendant completed a provisional registration under Busan District Court’s Busan District Court’s receipt of Busan District Court registry No. 49548 with respect to C’s share of 1/2 of the instant real estate.

(hereinafter “Provisional Registration of this case”). C.

C died on September 15, 201, and D and G inherited C. D.

As of April 26, 2013, the Plaintiff entered into a sales contract with D with regard to the instant real estate and the instant real estate, the Busan District E-gu, Busan District, and the F-4 square meters, with respect to KRW 824.6 million (the contract deposit amounting to KRW 83 million shall be paid on May 27, 2013 and the outstanding payment of KRW 540 million shall be paid on May 27, 2013, and the outstanding payment of KRW 541.6 million shall be paid on January 14, 2014). The Plaintiff entered into a sales contract with D with a special agreement with the seller that the seller receives balance from the buyer after performing the following: (a) the instant provisional registration and the attachment registration of the instant real estate; (b) the seller transferred the instant real estate after delivery from a lessee residing in the instant real estate; and (c) fully bears the deposit and all expenses.

E. On October 19, 2015, the Plaintiff filed a lawsuit against D and G seeking the implementation of the procedure for ownership transfer registration under the instant sales contract. On February 16, 2017, the Busan District Court (2015Gahap6503) rendered a judgment that “D and G shall be paid KRW 541.6 million to the Plaintiff at the same time when receiving payment from the Plaintiff for the remainder of KRW 541.6 million, the provisional registration of this case was cancelled, and the procedure for ownership transfer registration for the instant real estate was implemented on April 26, 2013.”

Therefore, although D and G appealed, the Busan High Court (2017Na51481) declared that the above appeal was dismissed on September 6, 2017, and the above judgment became final and conclusive on September 22, 2017.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including those with serial numbers), all pleadings.

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