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(영문) 대구지방법원경주지원 2019.01.22 2018가단10404
가등기말소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers) and the whole purport of the pleadings:

On April 18, 2000, the registration of ownership transfer was completed in the G on April 18, 200 with respect to F forest 428m2 (hereinafter “instant land”).

B. On December 12, 2007, G completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the same day with respect to the land of this case on the ground of the pre-sale agreement.

C. The Plaintiff purchased the instant land from G on July 1, 2009 and completed the registration of ownership transfer on July 20, 2009.

H upon the death of August 13, 2012, Defendant C, D, and E, the wife, succeeded to the H’s rights and obligations on the instant land as indicated in the inheritance shares table by Defendant C, D, and E.

2. Summary of the parties' arguments

A. As of December 12, 2017, after December 12, 2017, the date of the promise to sell and purchase the provisional registration of the Plaintiff, the right to complete the purchase and sale of the instant provisional registration expired due to the lapse of the exclusion period.

Therefore, provisional registration of this case should be cancelled.

B. The provisional registration of this case by the Defendants is a provisional registration that H has completed in order to secure the purchase and sale price of land under a joint investment and development agreement with G, and a security provisional registration that is completed in order to secure an agreed amount claim, etc.

3. Determination

A. Comprehensively taking account of the respective descriptions and arguments in Eul evidence Nos. 1 through 9 (including virtual numbers), H was promoting a project to invest and develop K and four parcels of land (hereinafter “land subject to investment”). G agreed on April 12, 200 to purchase approximately KRW 1,125,00,000 of the land subject to investment from H from April 12, 2007. However, G’s failure to perform its obligation to pay the payment under the above sales contract to H on December 11, 2007, approximately KRW 2,50 of the land subject to investment to H on December 11, 2007.

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