beta
(영문) 대전지방법원천안지원 2017.11.17 2017가합102146

소유권이전등기

Text

1. Defendant C’s share on July 2, 2006 among the real estate listed in paragraph (1) of “List of Real Estate” attached from Plaintiff A.

Reasons

1. Determination as to the claim

A. The plaintiffs asserted as follows. Defendant D led to confession of the above assertion, and the remaining defendants led to confession of the above assertion in accordance with Article 150 (3) and (1) of the Civil Procedure Act.

- On June 9, 2006, the Plaintiffs concluded a sales contract between the Defendants and Defendant C with a content that shares 1/2 of the real estate listed in Articles 2 and 2 of the “Real Estate List” as indicated in the attached Table No. 2 and 3, that shares 1/4 shares are sold to Defendant D and E. On July 26, 2006, the 1/2 shares of the real estate listed in the same list No. 1 of the same Table were sold to Defendant C, and 1/4 shares were sold to Defendant D and E (hereinafter “each real estate of this case”), and the Defendants paid to the Plaintiffs the total purchase price of KRW 805,00,000 as stated in the above list.

- When accepting each of the instant real estate between the Plaintiffs and the Defendants, the Defendants did not complete the registration of ownership transfer in the future with respect to each of the instant real estate, and entered into a mortgage agreement on each of the instant real estate in order to secure a monetary claim equivalent to the aforementioned compensation for the Plaintiffs, without completing the registration of ownership transfer. Accordingly, as to each of the instant real estate as to August 1, 2006, the registration of the establishment of a mortgage was completed with respect to the Defendants’ creditors, the debtor, and the maximum debt amount at KRW 1.4 billion.

(2) The Plaintiff and the Plaintiff owned the Plaintiff solely on the ground that the Plaintiff’s share was transferred to Plaintiff A and the Plaintiff owned the Plaintiff’s mortgage agreement. The Plaintiff and the Plaintiff owned the Plaintiff’s ownership of each of the instant real estate thereafter.