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(영문) 대전지방법원 2016.11.04 2015가단30487
소유권이전청구가등기말소등기
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 16, 2005, the Plaintiff’s mother C purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty D from Nonparty D in the same year.

4. He shall complete the registration of ownership transfer.

B. On April 12, 2005, the Plaintiff and the Defendant, from around April 2, 2002, engaged in the business of investing in real estate, purchased from C 52,000,000 won (on the date of the contract deposit of KRW 20,000,000, an intermediate payment of KRW 20,000 on the date of the contract deposit of KRW 20,000,000,000, which was paid on April 13, 2005, the balance of KRW 12,00,000,000, which was paid on April 20, 2005), but did not obtain the registration of ownership transfer for shares.

C. On February 28, 2006, the deceased C obtained a loan of KRW 48,000,000 from Daejeon, Chungcheongnam-nam Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”) as a security (hereinafter “the instant loan”) and granted a mortgage of KRW 63,00,000 to the Livestock Industry Cooperatives (hereinafter “the instant loan”).

After the death of the deceased C, the Plaintiff solely inherited the instant real estate through an agreement on the division of inherited property as of November 1, 201, and acquired the said collateral on April 12, 201, and subsequently, on August 25, 2011, the Plaintiff entered into a sales contract with the seller and the Defendant to sell 1/2 shares of the instant real estate as the buyer, but upon special agreement, the Plaintiff set up a provisional registration in lieu of the registration on the transfer of ownership.

E. Accordingly, on August 30, 201, Daejeon District Court’s receipt of Daejeon District Court Daejeon District Court’s registration office, No. 55058, Aug. 29, 2011, the provisional registration of the right to claim transfer of ownership was completed on the ground of the pre-sale agreement. At the time of filing an application for provisional registration, the original Defendant prepared and submitted a pre-sale agreement with the following content.

Promises: A (A), B (B) and B (Defendant), Article 1 of the B (Defendant), shall be promised to sell the real estate of this case to B in KRW 109,00,000, and Eul shall be approved.

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