소유권이전청구권가등기말소 등
1. The sales contract concluded on October 4, 2013 between the defendant and the non-party C on the real estate stated in the separate sheet was 40,000.
1. Basic facts
A. The Plaintiff has lent money to C from around 2004 to February 2, 2012. On February 20, 2013, the Plaintiff established C and remaining claims at KRW 366,00,000, and filed a lawsuit against C with the Ulsan District Court 2013Gahap4919, and “C shall pay to the Plaintiff the amount calculated at the rate of KRW 360,000,000 per annum from August 22, 2013 to the date of full payment” (hereinafter “instant judgment”), which became final and conclusive as is.
B. The real estate indicated in the attached list, which was owned by C (hereinafter “instant real estate”), was registered for creation of the right to collateral security (hereinafter “the right to collateral security”), which is a life insurance company for the mortgagee of the right to collateral security (hereinafter “the right to collateral security”), KRW 270 million for lease on a deposit basis, KRW 150 million for lease on a deposit basis, KRW 150 million for the right to collateral security (hereinafter “the right to collateral security”) and KRW 20 million for the right to collateral security (hereinafter “the right to collateral security”), respectively.
C. On February 13, 2013, C completed the registration of the right to claim ownership transfer registration based on the same transaction reservation (hereinafter “instant transaction reservation”) with respect to the instant real estate to the Defendant. On the same day, the Defendant repaid KRW 70 million to E and cancelled the registration of ownership transfer registration of the second place.
Although a voluntary auction was commenced with the Ulsan District Court F with regard to the instant real estate upon the application of the mortgagee, the Defendant agreed to reimburse the first collateral mortgagee with a total of KRW 14,606,541, and to repay the secured debt by subrogation, the first collateral mortgagee voluntarily withdrawn the auction. On October 4, 2013, C prepared a sales contract to sell the instant real estate with the Defendant and the instant real estate at KRW 410,000,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on October 11, 2013.
E. Meanwhile, at the time of entering into the instant promise to sell and purchase, the instant real estate is the only one of C.