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(영문) 창원지방법원 마산지원 2017.03.22 2016가합100423

소유권말소등기

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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver the real estate listed in the separate sheet;

B. February 28, 2016

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff concluded a contract to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 1.2 billion (hereinafter “instant sales contract”).

At the time of the conclusion of the above sales contract, an agreement was reached between the Plaintiff and the Defendant that the Defendant would substitute the payment by accepting the collateral security obligation, subrogated repayment, etc. established on the instant real estate.

B. On October 27, 2015, the registration of ownership transfer was completed in the name of the defendant with respect to the instant real estate on the date of the conclusion of the instant sales contract. Afterward, the defendant, on October 27, 2015, succeeded to each of the collateral security obligations, Nos. 3 (640,000,000 won), No. 4 (10,000,000 won with the maximum amount of claims), 7 (24,000,000 won with the maximum amount of claims), 5 (20,000,000 won with the maximum amount of claims), 5 (20,000,000 won with the Plaintiff’s separate debt amount of 20,000,000 won with the Plaintiff’s debt amount of the instant real estate established on March 7, 2016, and revoked the registration of the establishment of the collateral security (30,000,000 won with the Defendant’s debt amount of the Plaintiff, Busan Bank No.

C. Meanwhile, the Plaintiff continued to occupy the instant real estate after the instant sales contract, and operated the factory. After concluding the instant sales contract, the Defendant entered into a contract with the Plaintiff and the instant real estate with the amount of KRW 4.54,540,000 (the 28th day of each month of payment) for the lease of the said real estate.

3.