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(영문) 수원지방법원안산지원 2016.08.18 2015가합1892

소유권이전등기

Text

1. The Defendant made an agreement on April 20, 2015 with respect to the portion of 1/2 out of the real estate indicated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On March 19, 2008, the Plaintiff asserted that the Plaintiff, on March 19, 2008, purchased the instant real estate from C, the owner of the instant real estate, KRW 1,040,000, the actual purchase price of which was KRW 690,000,00, as the lessee of the real estate indicated in the attached list of the Plaintiff’s purchase of real estate (hereinafter “instant real estate”), was the lessee of the lease (right to lease on a deposit basis). However, the Plaintiff’s assertion on this part is not acceptable, since there is no evidence to acknowledge this.

When purchasing the contract deposit, 255,000,000 won was paid on the same day, and the remainder of the purchase price was paid as follows.

down payment of KRW 255,000,000 shall be paid at the time of the contract and the first intermediate payment of KRW 140,000,000 shall be paid on April 5, 2009.

Any balance of 63,00,000 won shall be paid on April 5, 2009.

Loan 412,00,000 won (the agricultural cooperative branch) will succeed to the loan.

170,000,000 won in total for lease deposit shall be the succession key by the lessee.

B. On March 19, 2008, the Plaintiff established the right to collateral security, which is the debtor, the maximum debt amount of 539,500,000 won, and the agricultural creditor of the right to collateral security. (2) On March 19, 2008, the Plaintiff established the right to collateral security, which is a single bank for the right to collateral security, and terminated the right to collateral security and the right to collateral security set forth in the above paragraph (1). (3) The Plaintiff transferred the instant real estate under the understanding of C immediately after the above sales contract, and began to conduct the elel business on the instant real estate.

C. The Plaintiff’s rescission of the Plaintiff’s sales contract and the Defendant’s conclusion of the sales contract (1) began from September 2012 to her relationship with the Defendant. (2) The Plaintiff leased the instant real estate from the Plaintiff, and completed the registration of establishment of the right to lease on a deposit basis for the instant real estate on February 20, 2012. As the Plaintiff did not receive the deposit money, the Plaintiff applied for a voluntary auction on the instant real estate based on a right to lease on a deposit basis, and completed the registration of the decision to commence voluntary auction on July 4, 2014.

(F) it;