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(영문) 부산지방법원 2016.11.08 2013가단84236

소유권이전등기 등

Text

1. The Defendants are to the Plaintiff:

A. At the same time, the Plaintiff received KRW 931,142 for each of the real estate stated in the attached Form (1).

Reasons

1. Basic facts

A. On June 3, 2009, the Plaintiff sold real estate indicated in the attached Form B to the network B, with a preferential payment of KRW 26,000,000 among them, the Plaintiff cancelled the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) of a foreign exchange bank (the Plaintiff, the maximum debt amount of KRW 26,000,000, the collateral security debt of KRW 20,000,000, and the remainder amount of KRW 9,500,000 from June 1, 2009 to June 30, 2010, at least 2,000,000 won were paid every month or every three months from June 30, 2010, but at least 2,000,000 won was paid every 30 days after the date of payment.

(hereinafter “instant sales contract”). B.

On June 9, 2009, the Plaintiff fulfilled the instant sales contract by completing the registration of ownership transfer with the net B on the real estate stated in the attached Form.

On June 3, 2009, the deceased B paid 3,000,000 won in cash to the Plaintiff on June 3, 2009, and paid 3,000,000,000 won out of the loans from the Young Saemaeul Community Depository on June 9, 2009, to the Plaintiff. The remainder of 20,000,000 won paid to the Plaintiff instead of the Plaintiff to the foreign exchange bank, and then cancelled the registration of the establishment of the creation of the creation of the creation of the first root of this case, and completed the registration of the establishment of the neighboring Saemaul Community Depository with the debtor B (hereinafter referred to as the “registration of the establishment of the second village of this case”).

On the other hand, on June 2, 2009, H prepared a letter of payment (Evidence B 4) to the Plaintiff to the effect that “the payment of KRW 9,00,000,000 out of the balance of the instant purchase price shall be made by means of remitting it to the account of the self-friendly council,” and remitted KRW 2,00,000,000,000 on September 30, 2009, KRW 30,000 on October 1, 2009, and KRW 60,000 on May 18, 2010, to the self-friendly council.

C. The Plaintiff’s peremptory notice of performance and notice of cancellation shall be KRW 7,600,00 not paid out of the remainder on May 17, 2012 to the net B, and KRW 4,370,000 for the 22-month period from July 1, 2010 to May 1, 2012 x 7,60,000 for interest limitation law.

참조조문