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(영문) 서울중앙지방법원 2018.07.19 2017가단5098445
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) M Co., Ltd. shall set forth the sequence 3. of the Plaintiff’s Claim List against M Co. 1.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) indicated only as the Plaintiff and the Defendant.

Defendant M& Co., Ltd. concluded a pre-sale agreement to sell each share on the date indicated in the “sale reservation date” column with respect to each share in the real estate indicated in the “real estate indicated in the “transfer share” column in the pertinent sequence between the respective Plaintiff and the Plaintiff as indicated in the “Plaintiff’s Claim List for each Plaintiff,” and agreed that the sale is completed even without a separate declaration of intent to complete the sale on the date indicated in the “sale reservation date” column.

B. Defendant N Co., Ltd. entered “Plaintiff” in the Plaintiff’s “The Claim List by Plaintiff with respect to N Co., Ltd.” in attached Table 2 as to each portion of the real estate indicated in the “transfer share” column in the pertinent sequence with respect to each portion of the real estate indicated in the “transferable share” on the date indicated “the date of reservation for sale” and agreed that the transaction is completed even without a separate resolution of completion on the date indicated “the date of completion of the purchase and sale” column.

C. The Plaintiffs completed a provisional registration to preserve the right to claim transfer of ownership on each portion of the pertinent real estate on the ground of the aforementioned pre-sale agreement.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 2 evidence (including additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. Since each of the above sales agreements that the Defendants entered into with the Plaintiffs upon the completion of the pre-sale agreement was concluded on the date of completion of the pre-sale agreement without any separate declaration of intent in accordance with the agreement, Defendant M& Co., Ltd., barring any other special circumstances, the “Plaintiff” in the “Written Claim List by Plaintiff against M& Co., Ltd.” as set forth in attached Table 1, shall be the real estate in the corresponding sequence

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