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(영문) 수원지방법원 2017.09.22 2016가합72866

소유권말소등기

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1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 26, 2014, F entered into a real estate exchange agreement between H and H on an exchange of three parcels, other than 5,100 square meters of land Jin-si, the wife population of which is located in the name of I race, etc., with H, for the purpose of exchanging three parcels, other than 27,474 square meters of land Gin-gu, Young-gu, Gin-si (hereinafter “instant land”). The main contents are as follows.

2. H acquires the ownership of each of the above lands of F in a state where the right to collateral security of KRW 1.86 billion is created, the maximum debt amount of which is KRW 1.86 billion.

3. F simultaneously takes place with the transfer of ownership of the goods exchanged as a collateral for the right to collateral security as set forth in the above paragraph (2) at the same time H set up a mortgage of KRW 2 billion with respect to the land in this case.

4. When H transfers the ownership of the land above to F, it shall transfer the ownership to the person designated by F, and H shall pay to H one-year interest of 4.5 billion won on each land subject to exchange between H and F, which shall be paid in advance to H in order for H to redeem its interest in good faith and in full within one year.

B. On May 27, 2014, K lent KRW 500 million to F, and as a security, K agreed to obtain the registration of the right to claim ownership transfer registration with respect to one-half of the instant land. K entered into a trade reservation agreement with H in the name of L with H with the following contents, and on the same day, K completed the registration of the right to claim ownership transfer registration with respect to one-half of the instant land in the name of L.

(B) Afterward K additionally lent KRW 400 million to F. H. Article 1 of H promises L to sell 1/2 of the land in this case at price of KRW 2.5 billion and L accepts this.

Section 2. The date of the full completion of the sale of this reservation shall be the date of completion when L has completed the assumption of obligation with respect to the amount of 2.5 billion won (the maximum amount of claims 3.4 billion won) old collateral security (the maximum amount of claims).

Article 4. The Bank shall bear L from the date of concluding the provisional registration of the right to claim transfer.

C. The Defendants, between L and K on January 9, 2015, are as follows: (a) the Defendants against KF.