beta
(영문) 의정부지방법원 2015.12.01 2015가단110287

소유권말소등기

Text

1. The Plaintiff:

A. As to each real estate listed in paragraphs (1) and (2) of the attached list, Defendant B shall each apply.

Reasons

1. Facts of recognition;

A. On May 2, 2014, the Plaintiff newly built a reinforced concrete structure flat A, which is a type 1 and 2 neighborhood living facilities, five stories of reinforced concrete structure, on the ground of the Gu Government-si D (hereinafter “instant real estate”), and completed registration of ownership preservation in the name of the Plaintiff on May 2, 2014.

B. On June 16, 2014, the Plaintiff’s sales contract with Defendant B is abbreviationd with each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “Nos. 401 and 402”) as indicated in the separate sheet between Defendant B and Defendant B.

(2) On June 20, 2014, Defendant B concluded a sales contract with the aggregate of KRW 401,250,000,000 and KRW 550,000,00,000,000. At the time, Defendant B loaned each of the above real estate as security and paid KRW 2.5,000,000 to Defendant B as contract deposit and intermediate payment, the Plaintiff agreed to complete the registration of ownership transfer on each of the above real estate and pay KRW 300,000,000 to Defendant B within six months from the date of the registration of ownership transfer. Defendant B borrowed KRW 2,50,000 from a foreign exchange bank with the above real estate as security and paid the down payment and intermediate payment to the Plaintiff. On the same day, the Plaintiff completed the registration of ownership transfer as to subparagraphs 401 and 402 of the above real estate as the receipt of each government district court’s district court’s receipt of each government registration office.

3) However, Defendant B did not pay the remainder of the sales contract even after six months have elapsed since the date of the above transfer registration. Accordingly, the Plaintiff expressed his intention to cancel the said sales contract by serving a duplicate of the complaint of this case. C. On June 1, 2014, the Plaintiff entered into a sales contract with Defendant C with regard to each of the real estate listed in subparagraphs 3 and 4 in the separate sheet (hereinafter “No. 201 and No. 203”) as to the sale price as to the real estate listed in the separate sheet No. 201,360,000 won, and the above No. 20370,000 won. At the time, the Defendant C borrowed each of the above real estate as collateral and the down payment and the down payment.