beta
(영문) 청주지방법원 2017.04.20 2016가단2864

가등기에 기한 본등기

Text

1. On April 21, 2014, the Defendant: (a) the Cheongju District Court deemed the Cheongju District Court on each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 29, 201, the Plaintiff, while investing KRW 200 million in the Defendant’s apartment construction, entered into an agreement to receive KRW 310 million in total as of November 31, 201, the sum of the said investment and benefit accrued therefrom, and agreed to additionally receive KRW 42 million in total as of November 31, 201.

B. Nevertheless, according to the Defendant’s failure to pay the above agreed amount, the payment order on April 27, 2013 (hereinafter “instant payment order”) became final and conclusive as is, on April 27, 2013, by requesting a payment order with the purport that “the Defendant shall pay to the Plaintiff KRW 352 million and damages for delay at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment.”

C. On April 21, 2014, the Defendant did not repay the Plaintiff’s debt despite the instant payment order, and accordingly, the Plaintiff evaluated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as KRW 50 million per bond (However, the value-added tax separate) and promised to purchase a total of KRW 275 million from the Defendant. However, on July 10, 2014, each of the provisional registration listed in the separate sheet (hereinafter “each of the instant provisional registration”) was made on the same day after the date of completion of the sale (if the date of completion of the sale, it shall be deemed that the sale has been completed naturally without the Plaintiff’s declaration of intent to complete the sale).

At the time of the instant promise to sell and purchase each of the instant real estate, the first priority right in the name of the mortgagee, Inc., Ltd., Lyalian, which sets the maximum debt amount of KRW 1.5 billion on August 1, 201, and the second priority right in the name of the Plaintiff of the right to collateral security, which sets the maximum debt amount of KRW 1.2 billion on August 19, 201, respectively.