beta
(영문) 수원지방법원 2017.02.09 2016가단520719

소유권말소등기

Text

1. The Defendant, on March 6, 2015, registers office of Suwon District Court as to each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On January 16, 2015, the decision to voluntarily commence the auction of this Court was rendered on each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) owned by the Plaintiff at the request of the Noan Agricultural Cooperative (hereinafter referred to as “Yanan Agricultural Cooperative”) with respect to each real estate listed in the separate sheet (hereinafter referred to

B. Around March 6, 2015, when the said voluntary auction procedure has been pending, the Plaintiff entered into a sales contract with the Defendant for each of the instant real estate (hereinafter referred to as “instant sales contract”), received KRW 90 million as down payment, and withdraws the said decision to commence the voluntary auction as down payment, cancels the registration of provisional seizure and seizure, cancels the registration of reduction of the right to collateral security in the name of D, which was set up in No. 13 of the title of each of the instant real estate registry No. 13, and completed the registration of reduction of the right to collateral security in the name of D, which was set up in No. 13 of the title of each of the instant real estate registry No. 13, Aug. 30, 2015. By December 30, 2015, the Plaintiff agreed that the Defendant take over the remainder of collateral security obligations, such as accepting the Plaintiff’s collateral obligation against the agricultural cooperative, Korea, which was set forth in No. 9 of the title of each of the instant sales contract.

C. E prepared a sales contract printed with the indication of real estate, the personal information of the parties, and the amount of the purchase price, with the documents necessary for the registration of ownership transfer at the time, as the place where there was the Plaintiff, to receive some of the following contents from the Plaintiff.

In other words, the first of the two sales contracts (No. 1) stated that the purchase price of KRW 420,000 is paid in lump sum, and the above sales contract was attached at the time of application for registration.

The following (Evidence A 1) is the intermediate payment of KRW 90,000,000,000, out of the purchase price of KRW 422,000,000,000.