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(영문) 수원지방법원 2016.08.30 2015가단52530

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) As to the instant land (hereinafter “instant land”), D and E completed the registration of transfer of ownership of shares on April 24, 2012, respectively. On December 9, 2013, the F voluntarily decided to commence the auction as Suwon District Court G on the land site leveling in Suwon-si.

(2) At the time of the instant auction procedure, the instant land was registered as the creation of a neighboring mortgage on November 24, 2006, with the maximum debt amount of KRW 91 million, KRW 26 million, the maximum debt amount of KRW 26 million on November 4, 2008, and KRW 97.5 million, the establishment of a neighboring mortgage on October 26, 2010, with the debtor H, the mortgagee, the mortgagee, and the National Treasury of Thai-gu, Nonghyup-do; the establishment of a mortgage on November 26, 2010, with the establishment of a mortgage on the instant land as the agricultural cooperative of the Republic of Korea; ② the establishment of a mortgage on September 27, 2012, with the maximum debt amount of KRW 95 million, the debtor H, the debtor D, the debtor, and the F, with each maximum debt amount of KRW 300,000,000,000,000,000.

B. On May 22, 2014, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with regard to the purchase of the instant land at the instant auction procedure, and the said written agreement was accompanied by the Defendant’s certificate of personal seal impression stated “land purchase agreement” directly issued by the Defendant on the same day.

On the other hand, the agreement of this case was accompanied by the attached provisional division, but the above provisional division was affixed with the seal of I, but the defendant's seal did not affixed the seal. While the seal of I was affixed between the agreement of this case and the above provisional division, the seal of I was affixed to the seal of I, the defendant's seal was not affixed.

The land of this case shall be awarded a successful bid under the supervision of I and the plaintiff, and registration of transfer shall be made in 150% and 50% by defendant 50%.

(A) At this time, the Plaintiff’s share 30% is nominal to the Defendant). F’s claim, which is the second priority in the land of this case, is KRW 63 million.