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(영문) 전주지방법원 2020.02.20 2019가단10257
가등기말소
Text

1. The Defendant: (a) on November 13, 2012, the Jeonju District Court rendered a judgment with respect to the Plaintiff with respect to the 1,89 square meters and 817 square meters in Jeonjin-gu, Seoul Special Metropolitan City.

Reasons

1. Basic facts

A. The Defendant is one shareholder and the representative director of an agricultural company E (E) that mainly runs the business of processing, selling, etc. sun-dried salt.

On November 12, 2012, the Defendant entered into an exchange agreement with the Plaintiff, the Plaintiff’s partner F, and G with the following terms and conditions (hereinafter “instant exchange agreement”).

1. The transfer of registration to the Young-gu Seoul Special Metropolitan City C and D prior to the ownership of the Plaintiff shall be made after the end of 2015.

Provided, That on November 12, 2012, provisional registration of the right to claim ownership transfer registration and superficies shall be established.

2. As to the real estate 1,200 square meters in Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, the mortgage amounting to KRW 200 million shall be set up before the end of February 2013, and repayment shall be made before the end of February 2015.

3. All legal responsibilities and authority of Gap (Defendant)-owned E shall be determined by November 13, 2012.

4.The Government shall guarantee that the foregoing matters are present.

B. In accordance with the instant exchange agreement, the Defendant transferred 20,000 shares E (hereinafter “instant shares”) on November 12, 2012. Of them, 13,300 shares were transferred to G wife I in the future, 6,700 shares.

C. On November 13, 2012, the Plaintiff, in accordance with the instant exchange agreement, issued a provisional registration of the right to claim ownership transfer (No. 73629, Nov. 13, 2012; hereinafter “the instant provisional registration”) to the Defendant, on November 13, 2012, with respect to the land of 1,89 square meters and D 817 square meters (hereinafter collectively referred to as “J land”). D.

However, F and G refer to the portion of 3,383 square meters out of 65,772 square meters in Jinanan-gun, Jinan-gun, Jinan-gun, Jinan-gun, North Korea, the period of which was set up a collateral security by setting up a mortgage on the Defendant, 3,383 square meters (the portion divided from the above lot number on February 19, 2013 to Nin-do), 57 square meters in total of 92 square meters in total prior to the division (the portion divided from the above lot number on February 18, 2013 to P), and Q.7 square meters in total prior to the division;

G With respect to (hereinafter “H land”) 1.5

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