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(영문) 대구지방법원포항지원 2017.11.30 2016가단10047

소유권이전등기

Text

1. The Defendant is based on a transfer agreement on July 7, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. C is a corporation with the purpose of trucking transport business, etc., and the Defendant was appointed as the representative director of C on March 31, 2014, and is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. Around January 2015, the Plaintiff acquired all of the shares of C and its business operations, and was appointed as the representative director of C around February 3, 2015.

C. On July 7, 2015, the Defendant agreed to transfer each of the instant real estate to the Plaintiff by September 18, 2015 through a letter of commitment performance (hereinafter “instant letter”).

On the other hand, on July 7, 2015, D, the Defendant’s spouse, entered into an agreement with the Plaintiff regarding the instant case through a letter of commitment implementation (hereinafter “instant letter”).

3) E (D), the office site of which is the office site, shall be immediately transferred to the Plaintiff, and each of the instant real estates (the Defendant’s loans in the name of KRW 65 million) shall be transferred to the Plaintiff in the name of the Plaintiff on the next day following the extension of KRW 200 million to the Credit Guarantee Fund of the F Company. 4) If the F Company D’s letter of guarantee from the Credit Guarantee Fund of the F Company D is normally resolved on September 17, 2015, the Plaintiff bears part of the D president’

(A) The extension of a letter of guarantee shall be borne by D individual if the extension has not been resolved. [Grounds for recognition] The facts of absence of dispute, Gap 1, 2, and 3 (including a serial number), each entry, a significant fact in this court, the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement the procedure for the registration of transfer of ownership on July 7, 2015 with respect to each of the instant real estate in accordance with the agreement under each of the instant notes to the Plaintiff.

3. Judgment on the defendant's assertion

A. The summary of the argument in this case ① is indivisible with each of the instant cases written by D. As such, the Defendant’s agreement on the assignment of each of the instant real estate is that the Plaintiff bears the obligation against D’s G and H.