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(영문) 창원지방법원 2018.08.23 2017가합50877

소유권이전등기

Text

1. For the plaintiff B:

A. As to each real estate listed in the separate sheet No. 1, Defendant D shall be Changwon District Court.

Reasons

1. Basic facts

A. 1) On October 2014, Plaintiff A entered into an exchange contract with Defendant F on behalf of Plaintiff B, on the part of Plaintiff B, with the following terms: (a) 460m2, Jinan-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and 2,069m2,06m2 (hereinafter “Kin-gun”) and (b) Defendant F purchased each real estate (hereinafter “Hri land”) as indicated in the attached Table 1 that Defendant F purchased through voluntary auction process (hereinafter “the instant first exchange contract”).

B) Defendant F borrowed KRW 310,00,000 from LA to raise the purchase price of HH land. On October 28, 2014, Defendant F, at the same time, took out the registration of ownership transfer under the name of LA with respect to HH land, offered to LA a joint collateral security of KRW 372,00,000 with respect to HH land and the maximum debt amount of KRW 372,00 with respect to Hri land (the Plaintiff obtained consent with respect to Hri land).

(C) With respect to the offering of Kri land as security for Defendant F’s loan obligation, Plaintiff A demanded provisional registration of Hri land in accordance with the purport of the first exchange contract of this case. Accordingly, on November 5, 2014, Defendant F completed the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”) on the ground of the promise to trade Hri land on the same date.

2) On around 2016, Plaintiff A and Defendant F transferred Plaintiff A’s ownership of KRW 13,289 square meters of forest land in Gyeongnam-gun, Busan-gun, M Co., Ltd. (hereinafter “O land”) owned by Defendant F and KRW 212 square meters of land and buildings on that ground (hereinafter “P real estate” in combination with the above land and buildings) owned by Defendant F. ② The Plaintiff F transferred the ownership of the land in the instant provisional registration of this case as to the ownership of Kri land and Hri land to the person designated by Defendant F.