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(영문) 울산지방법원 2017.12.19 2017가단59644
가등기말소
Text

1. The Defendant’s KRW 284,208,152 from the Plaintiff and KRW 100 million from them are 30% per annum from February 3, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 24, 2014, the Plaintiff borrowed KRW 250 million from the Defendant on August 23, 2014, with the maturity of payment fixed on August 23, 2014; the agreed party’s maturity was KRW 30 million until the due date; and the interest in arrears was 30% per annum.

B. The Plaintiff’s list No. 1 of March 24, 2014 to secure the Defendant’s obligation for the above borrowed money.

(a)with respect to each real property described in paragraphs (f) through (f), and (2), on the basis of a pre-sale agreement dated March 24, 2014, 17 February 17, 2015; (h)

On January 15, 2015, the provisional registration of the right to claim ownership transfer under the defendant's name (hereinafter "the first provisional registration of this case") was completed on the basis of the pre-sale promise made on January 15, 2015.

C. The Defendant, on March 4, 2015, received a voluntary decision to commence auction as to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) based on the provisional registration of the instant first instance on March 4, 2015, as the Plaintiff paid only a part of the loan debt and failed to fully repay the remainder of the debt.

(hereinafter referred to as “instant auction procedure” with respect to the auction procedure based on the voluntary decision to commence auction.

On December 24, 2015, the Plaintiff and the Defendant entered into a liquidation agreement (hereinafter “instant liquidation agreement”) with the following terms and conditions, and on the same day, upon cancelling all of the instant provisional registration, the Plaintiff and the Defendant concluded a provisional registration under the name of the Defendant (hereinafter “instant provisional registration”) on December 24, 2015, each of the real estates listed in attached Table 1, among the instant real estates, on December 24, 2015, as the receipt on December 24, 2015, with the Changwon District Court’s smuggling (No. 44378, Dec. 24, 2015; and as the receipt on December 24, 2015, each of the instant provisional registration under the name of the Defendant (hereinafter “instant secondary provisional registration”).

- In the event that the Plaintiff and the Defendant fail to repay their debts to the Defendant by January 10, 2016, they agree without any objection to the liquidation as follows, and the Plaintiff takes the procedure for the registration of ownership transfer in the name of the Defendant with respect to each of the instant real estate.

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