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(영문) 광주지방법원 2017.06.14 2016가단513888

소유권이전등기

Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is limited to the cause of sale on December 26, 2013.

Reasons

1. Facts of recognition;

A. On May 20, 2013, Nonparty C acquired ownership regarding subparagraph 204 of the Dongjak-gu Seoul Metropolitan Government D ground No. 204 on May 20, 2013, but agreed with Nonparty E on November 15, 2013 due to bad credit standing issues, and completed the registration of ownership transfer on September 17, 2013 (transaction price of KRW 255,000) in the name of Nonparty F on November 15, 2013. However, F, etc. without obtaining C’s consent, obtained a loan by setting up a collateral security amount of KRW 230,000,000 with the maximum debt amount of KRW 230,00

B. Each registration of ownership transfer was made in the name of G Co., Ltd. (hereinafter the name of the corporation omitted), which is the representative director, with respect to H No. 501 and 601 on one parcel outside of Gwangju Mine-gu, Gwangju, on September 16, 2013, each registration of ownership transfer was completed in the name of E, I and J on September 16, 2013, and thereafter, C was subject to a loan on which collateral security was established for the said 501 and 601, but C was not paid part of the purchase price as set forth in the above 501

C. At the time, E was the actual owner of K and Defendant Company, and F, while registered as the representative director of the above two companies, carried out a new urban residential housing construction project in the name of the owner of the building in Gwangju Mine-gu L under the name of the owner of the building (hereinafter “instant new construction project”), and the funds are insufficient.

loans and loans under subsection (b).

The new construction of this case was carried out with the loan of this subsection, and the agreement was reached between C and C, instead of paying the balance of the above D 204 and the above H 501 and 601, with the right to sell the above urban-type residential housing under construction.

Meanwhile, the sales amount claimed by C is approximately KRW 100 million for the above D 204, and approximately KRW 1 billion for the above H501 and KRW 601.

Accordingly, C on November 21, 2013, with respect to the above LA Nos. 301 and 603 under construction with the defendant on November 21, 2013, when the sale price of each LA is KRW 96,00,000, and Eul(C) intends to transfer to another person the right under this contract or to act as a real right, it is against A (the defendant's title).