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(영문) 대전지방법원논산지원 2017.10.24 2016가단3891

소유권이전등기말소

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1. The defendant shall issue to the plaintiff the Daejeon District Court with regard to the share of 1/2 of each real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. Of each real estate listed in the separate sheet (hereinafter “each real estate of this case”), the real estate Nos. 1 through 5 was owned by C, the Defendant’s internal director, and the real estate Nos. 6 and 7 was owned by D (C). The Grand Credit Union, the mortgagee of each real estate of this case, applied for a voluntary auction on January 14, 2015 and continued the auction procedure.

B. In the above auction procedure between D and D, the Plaintiff agreed that each of the instant real estate will be awarded a successful bid in the name of E (A) and the Plaintiff, respectively.

As indicated below, 115,00,000 won shall be paid for each real estate of this case, and the registration of ownership transfer shall be completed in E and in the future of the plaintiff.

The amount of KRW 190,00,000 as the Plaintiff’s source of KRW 190,000 is provided with a loan from the Plaintiff, the Plaintiff, and the Plaintiff’s maximum debt amount of KRW 117,00,000,000 for each of the instant real estate. As a loan from F to the Plaintiff, the Plaintiff, and the Plaintiff’s maximum debt amount of KRW 1,17,000,000 for each of the instant real estate, the Plaintiff and the Plaintiff’s maximum debt amount of KRW 1,150,000 for each of the instant real estate is created with a loan of KRW 2,145,00,000 for each of the instant real estate. The Plaintiff and the Plaintiff’s maximum debt amount of KRW 1,150,000 for the credit loan of KRW 20,000 for the Plaintiff, the maximum debt amount of KRW 1,150,00

C. On April 7, 2016, the Plaintiff agreed to sell each of the instant real estate to the Defendant with D, and entered into a sales contract to sell each of the instant real estate to the Defendant (hereinafter “instant contract”) with E, and on April 7, 2016, the Plaintiff agreed to pay KRW 950 million to the Defendant in cash or in accord and payment of KRW 20 million to the Plaintiff by April 8, 2017, as a special agreement entered into.

Each real estate of this case was completed on April 21, 2016 by the defendant's ownership transfer registration.

(b).