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(영문) 창원지방법원 2016.11.02 2016가단108277

소유권이전청구권가등기말소등기의회복등기

Text

1. As to the apartment in the attached list, the Plaintiff:

A. Defendant B received on September 16, 2015 from the Changwon District Court.

Reasons

1. Basic facts of the request;

A. The following facts may be acknowledged according to the respective descriptions of evidence Nos. 1 and 2, evidence Nos. 3-1, 10, 11, 12, 13, 17, evidence Nos. 1, 2, 3, 5, evidence Nos. 1, 10-1, 1, 3, 11-1, 11-1, 13, and 13 of evidence Nos. 1, 2, 3, 10-1, and 13 of evidence Nos. 1 and 13, and there is no evidence to reverse the fact-finding.

(1) The D Apartment, which is an aggregate building including the instant apartment (701) indicated in the attached list, was an independent party to the lawsuit under 209Gahap5988, and the plaintiff participated in the lawsuit as an independent party to the lawsuit under 2009Gahap5988, which was adjusted on October 22, 2009; hereinafter referred to as “F”) and completed registration of ownership preservation on September 7, 2007; E did not pay construction expenses to F properly; and F did not pay a large amount of money to the plaintiff or the defendant under the joint and several guarantee of E; and accordingly, F did not pay a large amount of money to the plaintiff or the defendant; and F participated in the lawsuit under 2009Gahap5988; the plaintiff participated in the lawsuit on October 22, 2009; the content of the mediation agreement, which was directly deducted from EF's construction expenses; and the construction expenses shall be KRW 600,000,0000,000.

② E’s debt to the Plaintiff out of the obligation to pay by subrogation as a joint and several surety of E shall be paid KRW 900 million under an agreement between E and the Plaintiff, and shall be deducted from the above KRW 3.66 billion. The debt to Defendant B shall be paid KRW 3.45 million under an agreement between E and the Defendant, and this shall also be deducted from the above KRW 3.66 billion.

③ Around March 2010, the Plaintiff’s withdrawal of the application for intervention by the said independent party, and (2) around March 2010, E, F, etc. agreed (the name of the agreement was referred to as “trust agreement”) for the implementation of the above written mediation agreement, and E is above.