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(영문) 서울중앙지방법원 2016.07.15 2015가단5128892 (1)
가등기에 기한 소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff falls under each Plaintiff’s “Plaintiff” column in the separate registration statement in the separate registration statement.

Reasons

1. In full view of the purport of the entire pleadings as to the grounds for the claim of this case, the Plaintiff J and K concluded a purchase and sale reservation (hereinafter “each of the instant provisional registrations”) with the Defendant as to the shares of each of the real estate stated in the “shares to be indicated and to be transferred” in the pertinent sequence listed in the attached provisional registration table with the Defendant, and completed the provisional registration of each of the corresponding titles (hereinafter “each of the instant provisional registrations”), and the “the date of the completion of the trade reservation” in each of the pertinent sequences can be acknowledged as having agreed that if the date stated in the “the date of the completion of the trade negotiation” is the date indicated in the “the date of each of the instant provisional registrations”).

According to the above facts, each of the instant trade reservations was concluded upon the completion of each of the instant trade reservations set forth in each of the instant trade reservations. Thus, barring any special circumstance, the Defendant is obligated to implement the ownership transfer registration procedure based on each of the instant provisional registrations with respect to the Plaintiffs on the basis of the completion of each of the instant provisional registrations.

2. Determination as to the defendant's defense against the main lawsuit and the cause of the counterclaim

A. The defendant's argument that the defendant's provisional registration No. 1 in the annexed provisional registration No. 1 in the annexed provisional registration No. 1 in the annexed provisional registration statement against the plaintiff J was fully repaid by July 13, 2007, and the above provisional registration should be completely cancelled. The above provisional registration should be fully cancelled. The provisional registration No. 2 until November 14, 2008, repaid 6,2320,000 won as part of the secured debt, until November 14, 2008, and the share of 6,2320,000 won as part of the secured debt should be cancelled. The plaintiff J's claim for the principal lawsuit in relation to each of the above corresponding parts should be dismissed.

B. There is no evidence to prove the above assertion by the defendant. Rather, according to the evidence No. 4, the plaintiff J filed against the defendant in Seoul Central District Court No. 2009Gahap32244, Jun. 2009.

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