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(영문) 의정부지방법원고양지원 2016.09.09 2015가단27197

소유권이전등기

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1. On July 4, 201, the Defendant paid in kind to the Plaintiff the share of 1/3 of the real estate indicated in the attached list.

Reasons

The Plaintiff leased KRW 22,300,00 to the network C by means of delivering remittance or check between July 31, 2009 and September 15, 2010. To secure this, the Plaintiff created a right to collateral security at KRW 22,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate share”) on October 27, 2010. The Plaintiff filed an application for commencement of the auction of real estate with the Government District Court Goyang Branch D on September 25, 2014 on the ground that the priority claim remains, and thus the said application was rejected. Meanwhile, C did not have been established with respect to the instant real estate share as above, with the certificate of completion of registration and the certificate of registration indicated in the column for entry of real estate, and the Plaintiff’s signature on the sale contract as the seller’s letter of intent stated in the separate sheet, and the Plaintiff’s decision on KRW 15,201 on May 27, 2014 as the purchaser’s signature and the sale contract.

According to the above facts, it is recognized that the network C formed a collateral on the instant real estate share for the purpose of securing the Plaintiff’s loan obligation, and further entered into a payment contract in kind with the intent to transfer the instant real estate share itself to the Plaintiff for the repayment of the said obligation.

According to the above facts, the defendant, who is the sole heir of the deceased C, was caused by the payment contract on July 4, 2011.