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(영문) 대전지방법원공주지원 2017.10.19 2016가단20632
토지인도
Text

1. As to the 1,316 square meters in official land to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) shall:

A. Daejeon District Court.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On April 13, 2004, the Plaintiff is the owner who completed the registration of ownership transfer as to C 1,316 square meters (hereinafter “instant real estate”).

B. On August 24, 2004, the Plaintiff stated the date of the conclusion of the above contract as “ August 4, 2004.” However, according to the evidence No. 2, it is clear that it is a clerical error in the statement “ August 24, 2004.” Since there is no particular dispute between the parties on the date of conclusion of the contract, the date of conclusion of the above contract is set as August 24, 2004.

The Defendant sold the instant real estate in the purchase price of KRW 25,00,000 (the contract amount of KRW 5,000,000 on the date of the contract, the intermediate payment of KRW 10,000,000 on September 10, 2004, and the remainder of KRW 10,000,000 on October 25, 200 (hereinafter “instant sales contract”).

The Defendant paid the above purchase price to the Plaintiff on each of the above payment dates, and the Plaintiff issued the documents necessary for the implementation of the procedure for ownership transfer registration of the instant real estate, including a certificate of personal seal impression for real estate sale, to the Defendant

C. On August 14, 2009, the Plaintiff completed the registration of cancellation on the first collateral mortgage of this case on September 6, 2013, when the Plaintiff completed the registration on the establishment of a mortgage over the Defendant’s Defendant (hereinafter “first collateral mortgage”).

On July 2, 2015, the Plaintiff completed the registration of the establishment of a mortgage and the registration of the creation of superficies (hereinafter “the second collateral mortgage, etc.”) with respect to the instant real estate to the Sejong Military Agricultural Cooperative, Sejong Special Self-Governing Province, the maximum debt amount of which is 30,000,000.

E. On February 12, 2016, the Defendant applied for provisional disposition prohibiting the disposal of the instant real estate on the grounds of the instant sales contract with the Suwon District Court affiliated therewith. On February 22, 2016, the Defendant received provisional disposition prohibiting the disposal of the instant real estate from the said court.

(f)in this regard;

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