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On October 26, 2015, the defendant filed a two-dimensional registry office with respect to the land size of 28,165 square meters in Gyeonggi-do.
Reasons
1. Facts of recognition;
A. On September 16, 2015, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would purchase KRW 105,00,000 (hereinafter “instant contract”) with respect to the land owned by the Defendant for KRW 28,165 square meters (hereinafter “instant land”).
B. In relation to the payment of the purchase price, the Plaintiff and the Defendant agreed to the effect that “The Defendant, the seller of which received the down payment of KRW 15 million, the intermediate payment of KRW 15 million, and the outstanding amount of KRW 25 million out of the outstanding amount of KRW 75 million, the buyer, shall be deemed to have completed the remainder of the outstanding maximum debt amount of KRW 30 million, the principal amount of KRW 25 million, and the ownership transfer registration pursuant to the purchase and sale promise against the Plaintiff.”
C. On October 26, 2015, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on October 22, 2015, under the agreement, from the Suwon District Court’s receipt of the Yangyang District Court registry office, No. 48831, Oct. 22, 2015.
[Evidence Evidence: Evidence Nos. 1 to 10 (including paper numbers; hereinafter the same shall apply)
(i) each entry and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts as to the cause of the claim, the provisional registration of this case was completed to preserve the plaintiff's right to claim ownership transfer of the land of this case under the contract of this case. Thus, the defendant is obligated to implement the procedure for ownership transfer registration based on the provisional registration of this case completed with respect to the land of this case.
B. As to the Defendant’s assertion, the Defendant: (a) entrusted the name of the Defendant to the Defendant and acquired the instant land; and (b) the provisional registration of the instant case was also trusted in title to the Plaintiff; (c) accordingly, E bears the burden of tax and public charges and gains of sales promised with the Defendant, taking the name of the Defendant into account.