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(영문) 의정부지방법원 2020.07.24 2020가합22
미 준공 건물 등기 말소 절차 이행
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 20, 2012, the Plaintiff purchased the land Dongdu City D (hereinafter “instant land”) from C, and on July 26, 2012, the Plaintiff registered the ownership transfer of the said land under the name of the Plaintiff.

B. On November 28, 2012, the Plaintiff obtained a building permit from the Dongducheon City to implement a project to build a new apartment house on the instant land, etc. (hereinafter “instant project”). From January 28, 2013, the Plaintiff started construction of each of the buildings listed in [Attachment 1 and 2] on the instant land (hereinafter “instant building”). Since January 28, 2013, the construction was suspended when only the building was built on August 2015.

C. On April 16, 2016, the Plaintiff and the Defendant entered into a contract for the sale of land and the transfer of the right to the instant land, etc. to the Defendant in KRW 300,000,000 (hereinafter “instant contract”). On August 14, 2017, the Defendant was issued a provisional disposition on the instant building by deeming the right to be preserved as the right to claim ownership transfer registration on the ground of the instant contract as the right to claim ownership transfer registration on the ground of the instant contract, and the said provisional disposition was registered on August 21, 2017.

(hereinafter “Provisional Disposition of this case”) and on the same day, the registration of preservation of ownership of the building of this case was made in the name of the Plaintiff on the commission of the registration of provisional disposition of this case.

(hereinafter “instant preservation registration”). After that, on September 8, 2017, the instant provisional disposition registration was cancelled on the grounds of cancellation. D.

On the other hand, on September 1, 2017, the Plaintiff sold the instant land, etc. and the instant building in KRW 1,930,000,00 to E, which was operated by the Defendant, and on September 8, 2017, the ownership transfer registration of the instant land and the instant building was made in the name of E Co., Ltd.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 7 and 15 evidence (including each number in the case of additional number), the purport of the whole pleadings

2. This.

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