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(영문) 인천지방법원 2018.04.17 2017가단238829
집행문부여 청구의 소
Text

1. The case of applying for the implementation of principal registration procedures based on provisional registration No. 2017 money71246 between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On May 9, 2007, the Defendant completed the registration of ownership transfer on each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

B. On May 1, 2007, Nonparty C entered into a promise to sell and purchase the instant real estate with the Defendant, and completed a provisional registration of the right to claim ownership transfer on the said real estate under the Incheon District Court’s receipt of May 9, 2007 as the receipt of No. 38824.

C. On April 10, 2014, the Plaintiff filed a provisional registration prior to the provisional registration as stated in the foregoing Paragraph (b) (hereinafter “instant provisional registration”) on the grounds of transfer of contract. D.

On the other hand, Nonparty D Co., Ltd (hereinafter “Nonindicted Company”) purchased the instant real estate from the Defendant on February 12, 2008 and completed the registration of ownership transfer on March 3, 2008.

E. On December 9, 2016, the Plaintiff filed a lawsuit claiming the implementation of the principal registration procedure based on provisional registration against the Defendant, as the Incheon District Court 2016Da25442, on the ground that the Plaintiff exercised the right to complete the pre-sale of the instant real estate.

F. The case described in the foregoing paragraph (e) was referred to conciliation by the Incheon District Court 2017s.71246, and the conciliation was concluded on June 9, 2017 as follows in the said procedure:

hereinafter referred to as “instant protocol of conciliation” is the protocol prepared upon the formation of the protocol.

1. The non-party company, the intervenor of the conciliation, shall pay the Plaintiff KRW 600,000,000 by June 30, 2017.

Provided, That if the non-party company neglects the above payment obligation, the penalty of KRW 20,000,000 shall be paid by adding the penalty of KRW 600,000 to the above 600,000 until July 31, 2017.

2. On June 9, 2017, the Plaintiff shall implement the registration procedure for transfer on the ground of transfer of contract on the provisional registration of this case to a non-party company or to a person designated by the non-party company.

3. Paragraphs 1 and 2 shall be simultaneously implemented.

4. Although the Plaintiff provided the duty of Paragraph 2, Nonparty Company was obligated to perform the duty of Paragraph 1 until July 31, 2017.

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