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(영문) 서울중앙지방법원 2017.02.10 2016가단5042353

소유권이전등기

Text

1. As to shares of 3,300 of the real estate listed in Schedule 1 in Schedule:

A. Defendant B shall be accompanied by Defendant C.

Reasons

1. Basic facts

A. On December 16, 2014, the Defendants concluded a sales contract with Defendant C to purchase KRW 3300 square meters of the purchase price from Defendant B’s real estate (hereinafter “instant real estate”) as indicated in the attached Table No. 1 (hereinafter “instant real estate”) and entered into an agreement with Defendant C to purchase KRW 50 million, as follows (hereinafter “instant agreement”).

Article 3 In the event that there are reasons to restrict the exercise of ownership, such as the right of lease established on the instant real estate, or the absence of taxes, public charges, and other charges, the seller shall remove the defects and burdens of such rights by the date of the receipt of the balance and transfer

Provided, That the right to collateral security established in the Gyeyang Savings Bank may be maintained within December 30, 2015 according to the seller's circumstances, but the seller shall be exempted from all responsibilities, such as repayment and payment of interest.

Provided, That if a purchaser requests a seller to settle accounts due to a failure to repay the loan even after December 30, 2015, the purchaser succeeds to the amount converted from the amount of the loan to the unit price per square meter, and the seller succeeds to the amount of the loan, and the seller further transfers the amount equivalent to 3,300 square meters of the loan area succeeded to.

B. On December 26, 2014, Defendant B concluded a sales contract with the Plaintiff to sell KRW 3300 square meters of the instant real estate at KRW 150 million, and agreed to include the same content as the instant agreement in the said sales contract.

C. On December 29, 2014, Defendant B completed the registration of ownership transfer for 3,300 shares out of the instant real estate to Defendant C, and Defendant C completed the registration of ownership transfer for the said shares on the same day.

On the other hand, the real estate of this case and the attached list No. 2 owned by Defendant B, as joint collateral, shall be registered as Suwon District Court’s Ansan Branch, and the maximum debt amount shall be KRW 312,00,000,000, and the debtor B and the collateral security bank shall be deemed to be the Gyeyang Savings Bank, under the Act No. 9470, Sept. 30, 2014.