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(영문) 청주지방법원제천지원 2019.09.25 2019가단704
소유권이전말소등기
Text

1. On November 23, 2018, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Cheongju District Court rendered the decision.

Reasons

1. Basic facts

A. The Plaintiff owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

Each real estate of this case was completed on April 21, 2016, “the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) around the 780,000,000 won of the maximum amount of the claim, the Plaintiff, and the Plaintiff-mortgage C Co., Ltd.,” and the registration of provisional attachment (hereinafter “registration of provisional attachment of this case”) on October 12, 2018, which was “creditor D, claimed amount of 600,000,000 won” in accordance with the provisional attachment order of Cheongju District Court Decision 2018Kadan1027.

B. On October 30, 2018, the Plaintiff entered into a sales contract with the Defendant and the Plaintiff to sell each of the instant real estate in KRW 650,000 (hereinafter “instant contract”).

The terms and conditions of the instant contract are as follows.

C Loans KRW 650,00,000, established on each of the instant real estates (referring to the secured obligation of the registration of the establishment of a mortgage of the instant case) shall be succeeded by the Defendant, and the payment shall be substituted by the purchase price succeeding to the said amount.

However, the debtor's change of the establishment registration of the neighboring mortgage of this case shall be made within one month from the date of registration of ownership transfer.

On October 30, 2018, the provisional attachment registration (referring to the provisional attachment registration of this case) was also transferred on the register of the real estate register.

C. On November 23, 2018, the Plaintiff completed the registration of ownership transfer (hereinafter “instant registration”) under the Cheongju District Court’s receipt of support for each of the instant real estate in accordance with the instant contract to the Defendant on November 23, 2018.

Notwithstanding the terms and conditions of the instant special agreement, the Defendant did not change the debtor with the content of succeeding to the secured obligation of the instant establishment registration of the ownership within one month from the date of the instant transfer registration, and part of the interest on the secured obligation as well as KRW 2,430,638 of December 2, 2018, KRW 3,081,703, and KRW 3,081,703 of January 2019, and KRW 3,176 of February 2, 2019.

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