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(영문) 서울서부지방법원 2016.12.21 2015가합35300

구상금 등 청구의 소

Text

1. Of the instant lawsuit, the part concerning the claim for revocation of a contract of transfer of rights on the provisional registration of June 25, 2013 between Defendant C and A, among the instant lawsuit.

Reasons

1. Basic facts

A. Legal relations between the Plaintiff and D 1) On January 24, 2011, the Plaintiff was a co-defendant at the appellate court before remanding.

B) Around that time, D entered into a credit guarantee agreement with the term of January 25, 2012, setting the guaranteed principal as KRW 100,000,000, and the term of guarantee as of January 25, 2012. 2) D extended the term of guarantee under the said credit guarantee agreement by January 25, 2014, while D extended the term of guarantee under the said credit guarantee agreement by January 25, 2014. However, on February 26, 2013, the credit guarantee accident occurred due to the principal delay.

B. The right relationship of the real estate indicated in Attachment 1) Defendant C is a pre-sale promise with D on March 12, 2013 with respect to the real estate indicated in Attached Table 1 owned by D (hereinafter “pre-sale promise”).

after concluding the transfer of ownership on the same day and completing the registration of the transfer of ownership

6. 25. The above transfer contract with Defendant A was concluded, and the next day the additional registration of transfer of ownership right claim and provisional registration was completed.

2) At the time of March 12, 2013, which is the first reservation date for sale, the registration of creation of a neighboring mortgage of KRW 68,90,000 for the real estate indicated in Appendix 1 as of March 12, 2013, and KRW 300,000 for the maximum debt amount, and KRW 300,000 for the Korean Capital Capital Co., Ltd. (hereinafter referred to as “the maximum debt amount”). (c) The Defendant A entered into a purchase promise (hereinafter referred to as “second purchase promise”) with D on October 29, 2012 for each real estate listed in Appendix 2 owned by Annex 2, and completed the provisional registration of the right to claim a transfer of ownership on February 8, 2013, whichever is paragraph (1).

3.20. Exercise of the right to complete reservation;

5. 16. Completion of principal registration based on provisional registration, and real estate in paragraphs 2, 3 and 4.

5. Exercise of the right to complete reservation;

5. 29. Completion of principal registration based on provisional registration.

2. As at October 29, 2012, the second reservation date, the aggregate of the maximum debt amount in the National Federation of Fisheries Cooperatives, for each real estate listed in attached Form 2 as at the time.