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(영문) 울산지방법원 2019.09.05 2019가합12851

소유권이전등기

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1. The Defendant entered into an agreement for transfer on January 28, 2015 with respect to each real estate indicated in the indication of attached real estate to the Plaintiff.

Reasons

1. Indication of claim;

A. On October 14, 2014, the Plaintiff: (a) lent KRW 240,000 to the Defendant; (b) from the Defendant, the Plaintiff obtained the registration of the establishment of a neighboring maximum debt amount of KRW 312,00,000,000 with respect to the land owned by the Defendant, Yang Nam-si, Yangsan-si (hereinafter “instant land”).

B. In addition, the Plaintiff lent a total of KRW 1,200,000 to the Defendant from January 28, 2015 to September 30, 2015.

C. On January 28, 2015, in order to secure the Defendant’s total loans to the Plaintiff, the Plaintiff and the Defendant entered into an agreement on the transfer of ownership of the instant land and the instant aggregate building under the name of the Plaintiff upon the fulfillment of the following terms and conditions of the said agreement (hereinafter “instant transfer agreement”). D.

Around that time, the Defendant newly constructed business facilities (p. 5) and urban-type residential housing (H through I) (hereinafter “instant condominium building”) consisting of the sections of 39 units on the instant land, which consist of a total of 39 units.

E. The Defendant, in accordance with the instant transfer agreement, was obligated to set up a collateral security additional to the Plaintiff at the first priority at the time of the completion of the instant condominium building, repay the loan on the repayment date, and not pay the interest on the loan three times or more, but failed to comply with all of them.

F. Therefore, inasmuch as the conditions under the instant security agreement have been fulfilled, the Defendant is obligated to complete the registration of transfer on the ground of the security agreement on January 28, 2015 with respect to each real estate indicated in the attached property indicated therein to the Plaintiff.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;