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(영문) 서울북부지방법원 2015.06.10 2014가단17562 (1)

소유권이전등기

Text

1. The defendant is based on the sale on September 11, 2006 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2005, in order to remove existing apartment buildings and reconstruct apartment units with a total of 18 households on the first and seventh floors above the ground as owners of E apartment units located on the site of Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant entrusted the said new apartment construction works to the Defendant in KRW 1,037,019,710, but the construction cost was to be paid to the Defendant, including the real estate in the attached Table (hereinafter “instant real estate”) after the new construction of the apartment unit, and the construction cost was to be paid to the Defendant for the nine households of the newly constructed apartment units including the real estate in the attached Table (hereinafter “instant real estate”).

B. The Defendant borrowed the Plaintiff’s total amount of KRW 86 million from July 2005 to July 2007 by setting the interest rate of KRW 30,000 as 3% per month.

C. On September 11, 2006, the Plaintiff entered into a sales contract with F, a representative of the Defendant, to purchase the instant real estate in KRW 180 million, and at the same time, agreed to return the said real estate to the Defendant when the Defendant pays the Plaintiff the above loan and interest calculated at the rate of 3% per month for the loan.

Defendant C and 8 others are the Plaintiff on November 8, 2006.

After the completion of the apartment building, C and 8 agreed to implement the registration procedure for ownership transfer of the real estate of this case directly to the plaintiff.

E. The instant real estate was completed on November 2008, and the registration of ownership preservation was completed on January 25, 2007 and 8 other than C on January 25, 2007.

F. On October 22, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim of the borrowed amount under Seoul Central District Court Decision 2009Gahap1615, and rendered a favorable judgment in favor of some of the judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 174,790,157 and the amount of KRW 86 million calculated at the rate of 30% per annum from September 25, 2009 to the date of full payment.” The above judgment became final and conclusive around that time.