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(영문) 부산지방법원서부지원 2020.02.19 2018가단2668
소유권이전등기절차이행
Text

1. The Defendant entered into an agreement on October 12, 2017 with respect to the Plaintiff with respect to 495.852/100 of the amount of 1030 square meters in Busan Gangseo-gu, Busan.

Reasons

1. Facts of recognition;

A. The plaintiff is the defendant's punishment.

B. Around 191, the Plaintiff lent KRW 21 million to the Defendant, who was engaged in a real business (hereinafter “instant loan”) as a business fund.

C. On March 7, 1996, the Defendant acquired the ownership of 995/35/3540 of the 3540 square meters of Gangseo-gu Busan Metropolitan City D, Gangseo-gu (hereinafter “D’s share prior to partition”). The said land was divided into D’s 1652 square meters on April 27, 1998, E’s 462 square meters, C’s 1030 square meters, and F’s 396 square meters.

The share of D land before the division owned by the Defendant was transferred to F. F. 396 square meters and C. 1030 square meters in 1030 square meters in a 599 percent share (hereinafter “C share”) after the division.

E. On June 25, 1998, the Defendant created a collateral security (hereinafter “instant collateral security”) with respect to the Plaintiff’s share in land C with “the maximum claim amount of KRW 21 million, the Defendant, and the Plaintiff from the right to collateral security (hereinafter “the instant collateral security”). On January 12, 2005, the Defendant additionally created a collateral security (hereinafter “instant collateral security”) with respect to the said real estate as “the maximum claim amount of KRW 50 million, the Defendant, and the Plaintiff from the right to collateral security (hereinafter “instant collateral security”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. As to the cause of the claim, the Plaintiff sought the implementation of the procedure for ownership transfer registration on October 12, 2017 with respect to the share in C’s land (hereinafter “instant share”) of 495.8522/10 of the share in C’s land (hereinafter “instant share”), each of the evidence set forth above and the evidence set forth in Nos. 7, 8, 10, 11, 13, 22, 23, and Nos. 3 and 4 (including virtual number), the Gdong Office of this court, and the fact-finding on the certified judicial scrivener H office, based on the following circumstances, which are acknowledged by adding the entire purport of the pleadings to the witness I’s testimony, the Plaintiff and the Defendant amounting to half of the share in D’s land before division to the Plaintiff.

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