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(영문) 부산지방법원 2018.09.11 2018가단307378

추심금

Text

1. With respect to the area of 1618 square meters prior to Chungcheongnam-si, Chungcheongnam-do:

A. The Defendant and Nonparty E make a pre-sale promise on May 7, 2013.

Reasons

1. Facts of recognition;

A. (i) On January 27, 2010, E prepares a loan transaction agreement with loans of KRW 415,00,000, annual interest rate of KRW 4.62%, and the repayment date of January 27, 2013, and received a house loan from the Plaintiff.

After that, on June 4, 2010, KRW 30,000 for loans, annual interest rate of KRW 1.08% (three months) - the repayment date of KRW 1.08%, and the loan transaction agreement was made on June 4, 2013, and the Plaintiff received additional loans.

Shebly, the Plaintiff filed an application for an auction of real estate rent with E from October 28, 201 to repay a part of the amount of the loan, but failed to repay the full amount of the loan, and the Plaintiff filed an application for a payment order with the Suwon District Court Support 2013 teab.6886.

On August 30, 2013, the above court ordered the Plaintiff to pay “E shall pay to the Plaintiff damages for delay calculated at the rate of 17.21% per annum from August 14, 2013 to the date of full payment, and 30,000,000 won per annum, calculated at the rate of 15.96% per annum from August 14, 2013 to the date of full payment.” The above payment order was finalized on October 15, 2013.

B. (i) E’s disposal act, etc. (hereinafter “instant real estate”) on May 23, 2013 with respect to the size of 1775 square meters (hereinafter “instant real estate”) before Chungcheongnam-do, Chungcheongnam-do, one’s own possession, and the same month in the future of the Defendant.

7. The provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on the ground of the trade reservation (hereinafter “the instant trade reservation”).

B. On November 17, 2017, the Plaintiff filed a claim attachment and collection order (hereinafter “instant attachment and collection order”) with the Suwon District Court 2017TTTT14493 on the premise that the purchase and sale balance based on the instant purchase reservation, which is the cause of the instant provisional registration, remains between E and the Defendant, based on the above payment order, and the decision was served on the Defendant on November 17, 2017

Article 2.2