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(영문) 부산지방법원 2014.09.03 2013가단42430
가등기말소 등
Text

1. On April 11, 2013, between the Defendant and the Vienna Construction Co., Ltd., the Plaintiff entered into an agreement on April 11, 2013 with respect to 331 square meters in Busan Shipping Daegu D.

Reasons

1. Facts of recognition;

A. The deceased A’s claim 1 for TN Construction Co., Ltd. (hereinafter “the deceased”). A

) On May 11, 2012, END Co., Ltd. (hereinafter referred to as “END”)

(E), F, G, and H Each land and G ground buildings owned by the Deceased (hereinafter referred to as “related real estate”).

(2) On May 15, 2012, the Deceased received KRW 10,000,000 from the non-party company on May 16, 2012 and completed the registration of ownership transfer with respect to real estate related to the non-party company on the same day as the non-party company received KRW 196,00,000 from the non-party company on May 16, 2012.

3) In order to secure the remainder claim on June 1, 2012, the Deceased completed the registration of creation of a mortgage on the relevant real estate with the creditor, the deceased, the maximum debt amount of 100,000,000 won, and the non-party company as the debtor company. 4) On April 8, 2013, the non-party company: (a) paid the deceased a balance of 100,000,000 won not paid to the deceased; and (b) there is a lack of security of real estate related to the said remainder claim; and (c) made a written statement of performance to set additional collateral on the Busan Do Daegu Dok-gu Maritime Transportation Co., Ltd. (hereinafter “the instant real estate”).

B. On April 11, 2003, the non-party company entered into a pre-sale agreement with the Defendant on the instant real estate (hereinafter “instant pre-sale agreement”), and on April 12, 2013, the non-party company entered into a provisional registration of the right to claim ownership transfer registration based on the instant pre-sale agreement (hereinafter “the instant provisional registration”) with the Defendant on April 12, 2013.

C. On May 14, 2013, the Deceased’s filing of a lawsuit and the Plaintiff’s taking-off of lawsuit (hereinafter “the Plaintiff”) filed a claim against Nonparty Company, such as an agreed amount, seeking the payment of the remainder of the real estate unpaid under the Busan District Court’s Branch Branch Branch Branch 2013Ga9262 (hereinafter “the claim”).

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