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(영문) 의정부지방법원 2017.03.03 2016가단118226

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. As to real estate listed in the separate sheet:

A. B is the defendant.

Reasons

1. The facts subsequent to the facts are as follows: (a) between the Plaintiff and the Defendant, based on the overall purport of the pleadings, the entire purport of the pleadings may be acknowledged; and (b) between the Plaintiff, the Defendant B and D pursuant to Article 150 of the Civil Procedure Act.

On February 6, 2007, Defendant B entered into an agreement with Defendant C to the effect that (i) the instant real estate acquired by Defendant C does not have the ownership transfer registration due to the designation of the land transaction permission zone, and (ii) the ownership transfer registration was completed with Defendant C as a collateral security holder; (iii) when the land transaction permission area is cancelled and the land transaction permission area is possible, Defendant C will immediately receive the ownership transfer registration; and (iv) Defendant B would have the ownership transfer registration to deliver all the documents necessary for the registration of the ownership transfer (hereinafter “instant agreement”).

B. Defendant B completed the registration of ownership transfer regarding the instant real estate on February 7, 2007.

C. As to the instant real estate on February 7, 2007, Defendant B completed the registration of creation of a mortgage over the Defendant C, a mortgagee C, with the maximum debt amount of KRW 50 million, and the registration of establishment of a mortgage over the instant real estate (hereinafter “instant mortgage”). D.

On March 15, 2007, the Plaintiff entered into a sales contract with Defendant C to purchase the instant real estate, and the content thereof is set forth in Section 1-A.

The agreement between the Defendant B and the Defendant C (hereinafter “instant agreement”) is the same as that between the Defendant B and the Defendant C.

E. On March 15, 2007, Defendant C promised to transfer all the rights and transfer of ownership to the instant real estate to a person designated by the Plaintiff regarding the cancellation of the registration of creation of mortgage and the Plaintiff’s waiver statement.