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(영문) 서울중앙지방법원 2012.10.12 2012가합5365

소유권이전등기절차이행

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1. The defendant shall be the plaintiff.

A. The reasons for the exchange contract on July 6, 2009 for each real estate listed in the separate sheet are as follows.

Reasons

1. Basic facts

A. On July 6, 2009, the Plaintiff and the Defendant entered into an exchange contract with the effect that the Plaintiff will take over the secured debt (the maximum amount of claim KRW 588 million, the principal of secured debt KRW 420 million, and the principal of secured debt) of the 2nd floor of D-based commercial building in the name of the Plaintiff and each real estate listed in the attached list owned by the Defendant (hereinafter collectively referred to as “the Plaintiff’s building in this case”). However, the Plaintiff would take over the secured debt (the maximum amount of claim amount of KRW 588 million, the principal of secured debt amount of KRW 420 million) of the 2nd floor of D-based commercial building in the name of the Plaintiff (hereinafter referred to as “the exchange contract in this case”).

B. On August 5, 2009, the Defendant delivered the Plaintiff’s building according to the instant exchange contract, and completed the registration of ownership transfer under the Defendant’s name regarding the said building.

On the other hand, at that time, the Plaintiff started occupying the Defendant’s building by delivering it to the Defendant. After re-building the Defendant’s building, the Plaintiff asked the Defendant to suspend the transfer of the registration of the Defendant’s building for the purpose of completing the registration of ownership transfer directly to the final purchaser. Accordingly, the Defendant continued to possess the registration title of the building thereafter.

C. After that, on June 2010, both parties to the right to collateral security (right to collateral security) of the Defendant’s building applied for a voluntary auction on the Defendant’s building. On June 11, 2010, the Chuncheon District Court rendered a voluntary decision to commence the auction on the said building.

In this regard, around July 2010, the Plaintiff and the Defendant provided the Plaintiff’s building as collateral and provided loans of KRW 500 million in the name of the Defendant to repay obligations to the Yangju Livestock Industry Cooperatives. For the settlement of all kinds of expenses and interest incurred in the course of loan and repayment, the agreement of this case (hereinafter “instant agreement”) is deemed as follows.