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(영문) 대구지방법원 2016.10.27 2016나306366
가등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 15, 2013, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by the Plaintiff at the time, and completed the provisional registration of each of the right to claim ownership transfer (hereinafter “each of the instant provisional registrations”) in the Defendant’s name on the 18th of the same month.

The main contents of the instant trade reservation are as follows.

Article 1 The payment shall be determined by the payment of KRW 423,00,000, and the buyer shall be deemed to have made a declaration of intention to complete the sale at the address of the seller without specifying the period and simultaneously made a declaration of intention to complete the sale.

Article 2 In the event of an expression of intent to pay the price and to complete the sale under the preceding Article, the ownership of the sold real estate shall be naturally transferred to the buyer on such terms, and the seller shall immediately apply for the registration of ownership transfer of the said real estate, and also hand over the said real estate to

Section 4. The buyer shall pay to the seller the sum of KRW 423,00,00 at the same time as the deposit in the formation of this contract and at the same time the seller shall receive such payment.

B. On March 14, 2013, the Defendant issued a loan certificate with the Plaintiff’s principal “423,00,000,000 due date,” and the said loan certificate stated that each of the instant real estate is indicated as “special agreement” and that “the seller promises to implement the principal registration on September 30, 2013 with the buyer’s provisional registration on September 30, 2013.”

C. On the basis of each of the instant provisional registrations, the Defendant filed a lawsuit against the Plaintiff on September 30, 2013 on the basis of each of the instant provisional registrations, and executed a decision of seizure of the claim for ownership transfer transfer claim between the Defendant and C at the appellate trial.

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