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(영문) 서울고등법원 2017.10.19 2017나2001477

소유권이전등기절차이행 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (1) On June 22, 2015, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with the Defendant, each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”), which the Plaintiff owned by the Defendant, as indicated in the separate sheet (hereinafter referred to as “instant real estate”); the part of the relevant land is “the instant land”; and the part of the building is

(1) The first sales contract to purchase KRW 940,000,000 (hereinafter “the first sales contract”)

(2) At that time, on May 28, 2013, the instant real estate indicated the maximum debt amount of KRW 576,000,000 (the actual collateral debt amount of KRW 480,000) and the collateral security right of Han Bank Co., Ltd. (hereinafter “I Bank”) of the debtor as the defendant and the collateral security right of KRW 340,000 for the deposit money of KRW 340,000 for the lease on May 29, 2013, but thereafter, the real estate register of KRW 20,000 for the lease money of KRW 320,000 was increased later;

In September 30, 2013, C's right to lease on a deposit basis was established.

Accordingly, upon entering into an initial sales contract, the Plaintiff and the Defendant succeeded to the secured debt of the right to collateral security (hereinafter “the instant obligation to collateral security”) and Cright to lease on a deposit basis (hereinafter “the obligation to refund lease on a deposit basis”) from the Defendant, in lieu of a partial payment of the purchase price under the instant sales contract, agreed that the actual purchase price shall be KRW 120,000,000, and the main contents of the first sales contract are as follows.

Article 1 (Purpose) With respect to the sale of the instant real estate, the seller and the purchaser, by agreement, shall pay the purchase price as follows:

The balance of the purchase price: 90,000,000 won for a contract: The seller paid 850,000,000 won for the remainder on July 31, 2015 shall deliver all documents necessary for the registration of ownership transfer to the buyer and cooperate with the registration procedure.