logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.01.18 2016가단100719
가등기에 기한 본등기 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) Daejeon District Court with respect to the shares of 1653/3995 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Defendant and C agreed to jointly purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 2008 through D, which had been working at the real estate brokerage office, and to register the ownership transfer in the name of the Defendant.

B. On September 24, 2008, the Defendant entered into a sales contract of 543,600,000 for the instant real estate with a seller E, and completed the registration of ownership transfer in the name of the Defendant on October 9, 2008.

Of the purchase price, KRW 225,00,000 (1653/3995 shares, approximately 500 shares), C, 318,60,000 (2342/3995 shares, approximately 708 shares), respectively, was borne by the Defendant.

C. C around October 2008, the Defendant withdrawn his intention to purchase the instant real estate through D, and the Defendant recommended the Plaintiff to purchase the pertinent shares (C shares).

On October 14, 2008, the Plaintiff accepted this and transferred the purchase price of KRW 225,000,000, brokerage commission of KRW 2200,000, and the total amount of KRW 227,00,000 to D’s deposit account notified by the Defendant.

The registration cost of the instant real estate is KRW 3,198,200, and the Plaintiff, on October 17, 2008, remitted the said registration cost to the F’s deposit account notified by the Defendant.

E. On August 12, 2009, the Plaintiff appears to be a clerical error in the 395’s 1653/3995 shares in the instant trade reservation document among the Defendant and the instant real estate.

The registration of the Plaintiff’s right to partial transfer of ownership under the name of the Daejeon District Court No. 43699 was completed on August 13, 2009.

F. According to the instant promise, the date of completion of the sale is December 31, 2009, and even if the said date of completion does not intend to complete the sale, the sale is naturally concluded even if there is no declaration of intent to complete the sale (Article 3), the expenses for filing an application for provisional registration, registration tax, etc., are borne by the Defendant, the buyer, who is the buyer.

(g) On August 13, 2009, the Plaintiff filed a provisional registration fee of KRW 950,000 with a certified judicial scrivener G who performed the provisional registration affairs on August 13, 200.

arrow