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(영문) 서울동부지방법원 2017.02.03 2014가단37904
소유권이전등기절차
Text

1. The Defendant terminated the title trust on October 2, 2014 with respect to the portion of 1/2 of the real estate listed in the separate sheet to Nonparty C.

Reasons

1. Basic facts

A. On October 23, 2013, the Plaintiff lent KRW 200 million to Nonparty C. Accordingly, C issued one promissory note with face value of KRW 220 million, including principal and interest, to the Plaintiff.

Then, on December 18, 2013, the Plaintiff additionally lent KRW 50 million to C. Accordingly, C issued a promissory note with a face value of KRW 55 million, including principal and interest, to the Plaintiff.

B. On May 20, 2009, the sales process of the instant D Apartment (1) C and the Defendant purchased the D Apartment 9 Dong 107 (hereinafter “D Apartment”) from Nonparty E on May 20, 2009, and completed the registration of ownership transfer on July 13, 2009 with respect to each 1/2 share as co-ownership of C and the Defendant.

(2) After that, on March 6, 2014, C and the Defendant sold the instant apartment to Nonparty F and G for KRW 515 million (280,000,000,000,000,000,000) of the purchase price of the instant apartment to Nonparty F and G, and completed the registration of ownership transfer for each of 1/2 shares to F and G on May 15, 2014.

(3) F and G paid to C the purchase price for the instant D apartment, KRW 5 million on March 5, 2014, and KRW 51.5 million on March 6, 2014, and KRW 51.5 million on March 6, 2014. On April 11, 2014, F and G paid KRW 94.6 million to C, and thereafter paid the remainder of KRW 50 million to C, respectively, and paid KRW 48.4 million to the Defendant.

C. After that, on March 11, 2014, the Defendant entered into a sales contract with Nonparty H to purchase the real estate listed in the separate sheet (hereinafter “instant apartment”) with the Defendant at a price of KRW 491 million. On May 30, 2014, the Defendant completed the registration of ownership transfer for the instant apartment under the name of the Defendant, and paid the sales price of the instant apartment with the proceeds of selling the instant DNA apartment.

C is currently insolvent.

[Ground for recognition] Facts that there is no dispute or do not clearly dispute, and evidence Nos. 1 through 6 can be numbered.

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