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(영문) 서울서부지방법원 2015.06.25 2015가단2860
매매대금
Text

1. The Defendant shall accept the registration of the Seoul Western District Court and October 9, 2012 with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff requested C to lend land purchase funds related to D downtown redevelopment project, and C respectively lent to the Plaintiff KRW 10 million on August 30, 2009, KRW 250 million on September 30, 2009, KRW 150 million on October 30, 2009, and KRW 150 million on October 30, 2009, respectively, and on January 15, 2010, the Plaintiff set up a right to collateral security of KRW 500 million on the first floor of the building E-gu Seoul, Mapo-gu, and the second floor, owned by the Plaintiff.

B. Meanwhile, the Plaintiff purchased real estate listed in the attached list (hereinafter “instant real estate”) from the G Redevelopment Cooperative in KRW 8,63,834, and paid KRW 19,00,000 as the down payment around June 2008, and became confiscated the down payment due to the failure to pay the remainder of KRW 69,63,834, the Plaintiff requested to C to transfer the ownership of the instant real estate, while promising to receive the instant real estate loan and pay the loan.

C. Accordingly, on September 17, 2009, C loaned KRW 69,633,834 to the Plaintiff by financing funds from his relative, and on September 22, 2009, the Plaintiff received the registration of ownership transfer concerning the instant real estate from the G Resource Development Association. Unlike the above agreement, the Plaintiff did not transfer the instant real estate ownership, and on September 30, 2009, the Plaintiff provided the instant real estate to the New Bank Co., Ltd. (hereinafter “New Bank”) as collateral and did not pay KRW 60,00,000 to the maximum debt amount of KRW 78,00,000 when establishing the right to collateral security (hereinafter “New Bank”), and on August 23, 2010, C completed the registration of the right to claim ownership transfer on the instant real estate.

On September 20, 2012, the Plaintiff entered into an agreement with C on December 30, 2012, in which a lawsuit that is proceeding with C, a corporation, was concluded, to transfer the ownership of the instant real estate while making a repayment of the money borrowed as collateral until December 30, 2012. However, the Plaintiff’s name as the Defendant designated by C is 8,633.

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