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(영문) 수원지방법원 2018.08.09 2017가단537103

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration was completed on March 30, 2012 under the name of the Defendant as the Suwon District Court Registry as the receipt of No. 45166 on March 30, 2012, and the ownership transfer registration was completed under the name of the Plaintiff on November 3, 2014 as the receipt of the claim for ownership transfer (hereinafter “the provisional registration of this case”) under the same registry office as the receipt of No. 176273 on November 3, 2014 on September 5, 2017 under the name of the Plaintiff on September 6, 2017 by the same registry office as the receipt of No. 12637 on September 6, 2017 (hereinafter “instant ownership transfer registration”).

B. The Defendant borrowed KRW 57 million from the Plaintiff (hereinafter “the instant loan”), and on November 4, 2014, issued the same amount of promissory notes to the Plaintiff. On the same day, the Defendant entrusted a notary public with the preparation of the said authentic notes.

C. As of April 7, 2017, the Plaintiff and the Defendant confirmed that the Defendant repaid the instant loan amount of KRW 199 million out of KRW 57 billion, and agreed on the method of repayment of the remainder of the loan amount.

On November 30, 2017, the Plaintiff evaluated the value of the instant real estate as KRW 136 million to the Defendant (i.e., the market value of the instant real estate - KRW 312 million - KRW 176 million - The secured debt of the right to collateral security established on the instant real estate) and subsequently, sent a notice of liquidation of a provisional registration security right to the effect that the Defendant should pay additional KRW 137 million to the Plaintiff, on the ground that the amount is below the remaining debt amount of the instant loan amount of KRW 267 million (i.e., KRW 267 million).

E. Meanwhile, on September 5, 2017, a real estate sales contract that the Defendant sells the instant real estate in KRW 260 million to the Plaintiff was drafted in the name of the Plaintiff and the Defendant, and the said sales contract was submitted as a document constituting the cause of registration at the time of the instant transfer of ownership.

[Ground of Recognition] Unsured Facts, Gap, Gap, 1, 3, 4, 6.