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(영문) 광주지방법원 2011.09.29 2010가합13314

소유권말소등기

Text

1. The defendant A:

A. As to the real estate listed in paragraphs 1 and 2 of the attached list, Defendant B shall be each Gwangju District Court.

Reasons

1. Basic facts

A. On May 27, 2009, the Plaintiff newly constructed each real estate listed in the separate sheet (hereinafter “each real estate of this case”) for the purpose of sale, completed registration of preservation of ownership, and applied for the loan to the bank as security.

B. The Plaintiff agreed to borrow KRW 100,000 from Defendant A the due date for payment as of June 12, 2009 and June 1, 2009, with a view to making it difficult for Defendant A to pay the construction cost of each of the instant real estate due under financial difficulties, such as lack of ability to pay it, and to transfer ownership of the real estate listed in paragraphs (8) through (11) of the attached Table (No. 501, 502, 601, and 602) if the said money is not repaid by the due date.

C. On June 24, 2009, the Plaintiff failed to pay the above money by the due date, and there was a concern that if the ownership of the above real estate is transferred, the bank loan will no longer take place, but it could not be paid the construction price due to the impossibility of concluding a contract for sale and purchase, and on June 24, 2009, the loan amount was increased by KRW 150 million at the request of the Defendant A, and the due date was set at KRW 13:00 on June 30, 200 (the same as the previous security), and the Defendant A knew the same situation as the Plaintiff.

The Plaintiff failed to pay the above money by the due date, and the Defendant A agreed to transfer the ownership of the real estate (No. 401, 402, 501, 502, 601, 602) stated in [Attachment A] paragraphs (6) through (11) if the Plaintiff is unable to pay the above money by the due date as of July 6, 2009 by extending the due date to 12:0 on July 6, 2009.

E. However, the Plaintiff failed to pay the above money by the due date, and the Defendant A filed an application for ownership transfer registration on the real estate stated in the [Attachment List Nos. 6 through 11 on July 6, 2009, and withdrawn it at the Plaintiff’s request.

F. On July 7, 2009, the Plaintiff, who had a serious pressure upon the said application for the registration of transfer, was Defendant .