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(영문) 서울중앙지방법원 2016.08.12 2016가단2213
매매대금
Text

1. The Plaintiff:

A. Defendant A’s “26,00,000 won” with respect to the real estate listed in paragraph 1 of the attached list;

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff, including each real estate listed in the separate sheet, built and sold Dtels on the Dongdaemun-gu Seoul Metropolitan Government ground. On October 2, 2013, the Plaintiff sold each real estate listed in the separate sheet to E on October 2, 2013. 2) Thereafter, E transferred the right to sell the real estate listed in paragraph 1 of the separate sheet to Defendant A, and the right to sell the real estate listed in paragraph 2 of the separate sheet to Defendant B, respectively.

3) The Plaintiff, on July 16, 2014, without receiving KRW 20 million from the Defendants respectively, concluded on July 16, 2014 as to the real estate listed in paragraph (1) of the attached Table to Defendant A, and on August 20, 2014, on August 20, 2014, each procedure for the registration of ownership transfer was completed with respect to the real estate listed in paragraph (2) of the attached Table to Defendant B. In order to secure each unpaid remainder of the purchase to the Plaintiff at the time of the above registration of ownership transfer, Defendant A agreed on the real estate listed in paragraph (1) of the attached Table to guarantee each unpaid remainder of the purchase; the Defendant B agreed to complete the registration of the establishment of mortgage over KRW 26 million,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers for those with a branch number), the purport of the whole pleadings

B. According to the facts of the above determination, Defendant A is obligated to implement the registration procedure for the establishment of a collateral, which is the maximum debt amount, as to the real estate indicated in paragraph (1) of the attached Table No. 1, and the registration procedure for the establishment of a collateral, which is the debtor A, the mortgagee A, and the mortgagee, as to the real estate indicated in paragraph (2) of the attached Table No. 2, the maximum debt amount, as to the real estate indicated in the attached Table No. 2, the obligor B, the obligor B, and the mortgagee.

2. Judgment on the defendant's assertion

A. The Defendants asserted that documents necessary for the registration of the establishment of the neighboring mortgage were already issued, and the Defendants were obligated to cooperate in the registration procedure, as they issued a certificate of the personal seal impression of the Defendants at the time of each establishment

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