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1. On May 23, 2014, the Defendant received the attached list from the Daejeon District Court No. 52364 regarding the real estate stated in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 23, 2014, the Plaintiff entered into a pre-sale agreement with the Defendant as to real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of KRW 200 million and the date of the completion of the pre-sale agreement as of October 23, 2014. Upon the completion date, the Plaintiff entered into the said pre-sale agreement, which is naturally deemed as the completion of the transaction, even if the Plaintiff did not express his/her intent to complete the sale. On May 23, 2014, the Daejeon District Court completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”).
B. On May 23, 2014, the Plaintiff paid KRW 40 million to the Defendant. On the same day, the Plaintiff borrowed KRW 140 million from the Daejeon Motion Pictures Credit Union and repaid the obligations of the Daejeon Saemaul Credit Union, and cancelled the voluntary auction on the instant real estate upon application by the Daejeon Saemaul Credit Union, and cancelled the registration of establishment of each of the four neighboring community registration on the instant real estate of the Daejeon Saemaul Credit Union.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10 (including additional number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to implement the principal registration procedure for transfer of ownership on October 23, 2014, following the lapse of October 23, 2014, which was the date of completion of the reservation, by paying all KRW 200 million to the Plaintiff on the basis of the instant provisional registration on the instant real estate.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.