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(영문) 의정부지방법원 2014.12.19 2013가단26142

가등기의본등기절차이행청구

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1. The defendant shall be the plaintiff.

(a) Dobcheon District Court with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. From around 199, the Defendant promoted the business (hereinafter “instant development project”) that newly constructs underground floors, reinforced concrete slab bars living facilities, and business facilities (hereinafter “instant shopping districts”) on the ground of Dongbcheon-si, Dongbcheon-si, C, 496 square meters and D, 350 square meters (hereinafter “instant development site”).

B. On September 27, 2002, the Defendant borrowed a total of KRW 400 million from E and F, each of KRW 300 million from G, KRW 300 million from H, and KRW 1.3 billion from H, for the instant development project, 3% of the agreed interest rate (4%) and the due date on December 27, 2002.

C. On the same day, the Defendant purchased the instant development site and completed the registration of ownership transfer thereof, and E, F, G, and H (hereinafter “creditors”) established the right to collateral security regarding the instant development site in order to secure the loan principal and interest on the instant development site as above on the same day, and at the same time E completed the registration of the right to claim ownership transfer on behalf of the obligees based on trade reservation regarding the instant development site.

After that, the defendant did not pay interest to the creditors properly, E completed the provisional attachment registration on November 13, 2002 with respect to the 165 square meters and the 2nd floor buildings owned by the defendant, Gangdong-gu Seoul Metropolitan Government I large 165 square meters and its ground.

E. On February 2, 2003, the Defendant requested E to cancel the above provisional attachment registration, and instead, proposed to establish provisional registration on the parking lot of this case in order to secure the principal and interest of the lending claim, by purchasing the same amount of no more than 563m2 (hereinafter “instant parking lot”) that is adjacent to the development site of this case and obtaining a loan as security, and completing the development project of this case by receiving the loan as security, and promising the creditors to pay the principal and interest of the lending to the creditors by May 30, 2003.

(f) this;