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(영문) 광주지방법원 2018.08.21 2017가단529989
집행문부여 등
Text

1. The registration of ownership transfer between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) in Gwangju District Court 2015 Kahap5699.

Reasons

1. Facts of recognition;

A. On September 2, 2013, the Plaintiffs concluded a contract with the Defendant to purchase the instant land (hereinafter “instant sales contract”) with the following content.

Article 2 (Transfer of Ownership, etc.) of the purchase price of 400 million won (the contract amount of KRW 30 million is the time of a contract, the first intermediate payment of KRW 40 million shall be KRW 30 million on February 28, 2014; the second intermediate payment of KRW 30 million on August 31, 2014; the third intermediate payment of KRW 30 million on November 30, 2014; the remainder of KRW 270 million on April 30, 2015 shall be paid in April 30, 2015): The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price; and the delivery date of the said real estate (the instant land) shall be April 30, 2015.

Article 3 (Extinction of Restricted Real Rights, etc.): If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, and right of lease established on the land of this case, or if there is any unpaid tax and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the buyer by the date of

Paragraph 2 of the special agreement: A collateral security (360 million won in maximum amount of the claim, C, and E-mortgage) on the copy of the register entered into at the time of the contract shall be paid to the buyer in any balance on the date of the balance, and all expenses incurred in repayment and cancellation shall be the seller's share.

B. On the instant land, the Defendant’s debt owed to E Cooperatives (hereinafter “E”) is a preserved claim, and the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the maximum debt amount KRW 360,000,000 from January 14, 2004, which was received on January 853, 2004 by the court, was completed.

In addition, for the purpose of securing the above loan obligation, this Court No. 1238 of January 27, 2004, "the establishment registration of superficies free of charge for the ownership, scope of land, 30 years from January 14, 2004, and 40 years from January 14, 2004."

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