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(영문) 수원지방법원안산지원 2017.05.31 2015가단20742

약정금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. With respect to the land owned by the Foundation D, the registration of ownership transfer was completed in sequence due to each transaction under the name of F, G, H, I, and J with respect to the land of the Dongwon-gu, Ansan-si, the Foundation D (hereinafter “instant land”).

B. On February 5, 2008, a lawsuit filed by D, a foundation foundation, against the title holder for the registration of cancellation of ownership (Seoul High Court 2007Na1366), through which D filed a claim for the registration of cancellation of ownership (Seoul High Court 2007Na1366), and the sales contract between the Plaintiff and F was null and void as it was made without permission of disposition by the superintendent of education of the Office of Education of Seoul Special Metropolitan City, which is the competent authority. Based on this, the procedure for the registration of cancellation of ownership transfer (F is concurrently performed with the Plaintiff’s obligation to pay money) was handed down on the ground that both the registration of transfer of ownership and the registration of transfer of ownership based on F, G, H, I, and J are null and void. The above judgment became final and conclusive on June 10, 201 by the judgment of dismissal

C. On August 10, 2009, the Plaintiff completed the registration of ownership transfer on the instant land, which was pending in the said final appeal.

On September 23, 2013, on September 23, 2013, K's transfer of ownership on the ground of sale on September 16, 2013, <2> the registration of the establishment of the mortgage over the maximum debt amount of KRW 200 million against the debtor K and the mortgagee as the plaintiff, ③ the registration of the establishment of the mortgage over the maximum debt amount of KRW 700 million against the debtor K and the mortgagee as the debtor, ④ the registration of the establishment of the mortgage over the maximum debt amount of KRW 4.5 billion against the debtor K and the mortgagee as the defendant B, ⑤ the provisional registration of the right to claim the transfer of ownership was completed in sequence on September 16, 2013

E. On the same day, the Plaintiff transferred KRW 150 million to a certified judicial scrivener M account, and the Defendant B prepared and delivered a performance memorandum (hereinafter “instant performance memorandum”) as follows on the same day.

The location of each real estate held in this conduct: The owner of the forest E ( approximately KRW 5370 square meters) in Ansan-si: A.