beta
(영문) 인천지방법원 2014.04.30 2013가단24336

소유권말소등기

Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant on April 23, 2012.

Reasons

1. Basic facts

A. On November 9, 201, the Plaintiff entered into a sales contract with the Defendant and C, with respect to real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”), the purchase price is KRW 670 million (contract amounting to KRW 70 million and the balance KRW 600 million). Of the remainder, the Plaintiff entered into a sales contract with the Defendant and C, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”), the amount of KRW 500 million out of the remainder of the remainder, shall be deemed as a collateral obligation (hereinafter “new mutual savings bank”) of the non-mortgage mutual savings bank already established on the instant land until February 10, 201, in lieu of the acquisition by the Defendant and C of the secured obligation (hereinafter “instant contract”). From November 10, 2011, the Plaintiff concluded a sales contract with the Defendant and C to bear the interest on the said bank’s obligation (hereinafter “instant contract”).

Since then, the Plaintiff received KRW 20 million from the Defendant on the contract date, and the remaining KRW 50 million on November 30, 201, respectively.

B. On April 16, 2012, the Defendant, in writing, completed the registration of ownership transfer under his/her name with respect to the instant land, and prepared and delivered a letter stating that the remainder of the instant contract shall be paid by May 12, 2012 and the additional KRW 100 million shall be lent to the Plaintiff (hereinafter “each letter of this case”).

C. The cancellation of the registration of the decision to commence auction, the establishment of the right to collateral security against a third party, and the transfer of ownership with respect to the instant land at the time of the instant contract. At the time of the instant contract, the registration of the decision to commence auction (hereinafter “registration of auction in this case”) was completed on September 7, 201 by the court No. 61955, and the registration of the decision to commence auction in the name of the defendant was completed (hereinafter “registration of auction in this case”), and the registration of the auction in this case was cancelled on April 23, 2012 after the completion of the registration of ownership transfer in the name of the defendant.

In addition, regarding the instant land, the Defendant, with E as the mortgagee on April 23, 2012, transferred the contract on the same day as of April 12, 2013 with the maximum debt amount of KRW 130 million.