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(영문) 인천지방법원 2020.02.12 2019가단256234

소유권이전등기

Text

1. On November 16, 2018, the Defendant made a promise for payment in kind to the Plaintiff on each real estate stated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, and D (hereinafter “Defendant, etc.”) invested in real estate development projects conducted by the Defendant, etc., and the Defendant, etc. paid the principal and dividends.

On April 9, 2018, the Plaintiff kept KRW 231,500,00 in custody with the Defendant, etc., and the Defendant, etc. repaid the said money to the Plaintiff by July 8, 2018, and the Defendant, etc. prepared a cash custody certificate to transfer the ownership of five parcels of land, including each real estate listed in the separate sheet owned by the Defendant (hereinafter “each real estate of this case”) to the Plaintiff at the time of non-payment.

In addition, a notarial deed of a monetary loan contract for consumption was also drawn up against KRW 231,50,000 with the plaintiff as the creditor and the defendant as the debtor.

(B) a loan agreement for consumption of KRW 231,50,000 (hereinafter referred to as the "first loan agreement for consumption").

The Plaintiff filed an application for the commencement of compulsory auction against each of the instant real estate with the Jung-gu District Court E, because it was unable to receive repayment by the due date for the first loan for consumption contract from the Defendant, etc., and the said court rendered a decision to commence compulsory auction on August 16, 2018.

After consultation, the plaintiff and the defendant et al. provided additional funds to the defendant et al. and withdrawn the application for auction, but the defendant et al. transferred ownership of each of the real estate in this case at the time of default

Accordingly, on November 16, 2018, an agreement was concluded between the Plaintiff and the Defendant that the Defendant would sell each of the instant real estate in KRW 400 million to the Plaintiff, and the agreement of this case was concluded between the Plaintiff and the Defendant on December 31, 2018, the payment of the down payment of KRW 150 million on the day of the contract, the intermediate payment of KRW 150 million on the day of the contract, the payment of KRW 145 million on December 31, 2018, the payment of KRW 145 million on February 5, 2019, the balance of KRW 5 million on delivery, and April 30, 2019 on the date of delivery

In addition, on November 27, 2018 between the Plaintiff and D, the Plaintiff lent KRW 80 million to D, and D lend each of the instant real estate to the Plaintiff.