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(영문) 대구지방법원안동지원 2017.06.15 2016가합3383
건축주명의변경절차이행
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C’s implementation process of the new construction project of multi-family housing 1) The Defendant, along with C, shall be D 766.7 square meters in permanent residence (hereinafter “instant land”).

(2) On November 30, 2012, the Defendant completed the registration of ownership transfer on the instant land due to sale and purchase. At that time, the registration of ownership transfer was completed on November 30, 2012, with loans of KRW 175 million from Alcomcom Credit Union and used the instant land as sales proceeds. (2) On December 7, 2012, the Defendant completed the registration of the establishment of a mortgage on the instant land as “the maximum amount of the claim amount is KRW 227,500,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000

3) On May 16, 2013, the Defendant is a building listed in the separate sheet (hereinafter “instant building”) on the instant land from the permanent market on May 16, 2013.

F. F. F. hereinafter referred to as “instant construction permit”) with a newly constructed construction permit

B. G and the Plaintiff’s involvement in the new construction and sale of the instant building in G and the Plaintiff’s new construction of the instant building, upon receiving an application for voluntary auction based on the right to collateral security as stated in the said paragraph (H) on June 12, 2014, the auction procedure was initiated regarding the instant land on June 12, 2014.

2) On December 18, 2014, the Defendant loaned money from G to prevent the progress of the above auction procedure by repaying the debt owed to Ard Credit Union. On December 19, 2014, the Defendant drafted a sales contract to sell the instant land to G for KRW 27 million as security for the debt owed to G. 3) on December 19, 2014, G paid the Defendant’s debt owed to Ard Credit Union under the name of Ard Credit Union on December 22, 2014.

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