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(영문) 의정부지방법원고양지원 2015.01.16 2014가합8349
소유권이전등기
Text

1. On October 17, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Suwon District Court Seosung registry office.

Reasons

1. Basic facts

A. The Plaintiff loaned a total of KRW 268,369,510 from September 21, 2009 to August 14, 2012.

B. On October 11, 2012, the Plaintiff entered into an agreement with the Defendant on the following terms (hereinafter “instant agreement”) with regard to each real estate listed in the separate sheet (hereinafter “instant real estate”), and entered into a trade reservation (hereinafter “instant trade reservation”) as of April 14, 2014, with the date of completion of the sale as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

1. The Plaintiff shall pay KRW 200 million as additional loans to the Defendant by generating a loan by the Plaintiff’s land and building located in the strike to the Defendant as security.

2. The defendant shall make a provisional registration of the real estate of this case at the time of providing a loan, etc. to the plaintiff.

Since then, the plaintiff's principal registration can be regarded as the plaintiff's free will, but sale to a third party shall run after the agreement between the plaintiff and the defendant in order to protect the defendant's factory operation and business rights.

Even if the plaintiff registers this, the above ground factory use operating right and the ownership of machinery are the defendant.

C. On October 17, 2012, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on the instant real estate based on the trade reservation made on October 11, 2012, pursuant to the instant trade reservation.

In accordance with the instant agreement, the Plaintiff additionally lent KRW 200 million to the Defendant from October 11, 2012 to July 12, 2013, but the Defendant did not pay the Plaintiff KRW 468,369,510 as above until April 14, 2014.

(1) On the other hand, at the time of the instant purchase and sale promise, the instant real estate had already been established with the first-class collateral security (the highest claim amount of KRW 1,079,000,000, the debtor, the defendant, the defendant, the defendant, and the defendant were the first-class collateral security (the highest claim amount of KRW 153,40,000, the debtor, and the debtor and the mortgagee C).

Doddar C’s application.

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