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(영문) 광주지방법원 2018.07.06 2017가단509893
소유권말소등기
Text

1. The plaintiffs' claim of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs' assertion 1) Defendant C Co., Ltd. (hereinafter "Defendant C")

2) The term “instant collective housing” means F collective housing and residential officetels (hereinafter referred to as “instant collective housing”) constructed on five parcels, including Jeonsung-gun E.

(2) On October 26, 2015, Plaintiff A entered into a sales contract with Defendant C on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and paid the down payment and intermediate payment. Plaintiff B entered into a sales contract with Defendant C on January 19, 2016 with respect to the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 2”), and paid the down payment and intermediate payment.

3) However, Defendant C entered into a sales contract with Defendant D on January 10, 2017 with respect to the instant real estate Nos. 1 and 2. On January 18, 2017, the registration of transfer of ownership in the name of Defendant D was completed on January 18, 2017 as the receipt of No. 947 from the Gwangju District Court’s Netcheon Branch Office of Branch Office of Branch Office of Branch Office of Branch Office of Branch Office of 18 January 18, 2017, as to the instant real estate No. 2, the registration of transfer of ownership in the name of Defendant D was completed on January 18, 2017. The conclusion of the above sales contract with Defendant C’s representative director constitutes a breach of trust in relation to the Plaintiffs. 4) The representative director of the instant multi-family housing and H Co., Ltd (hereinafter “H”), prepared a loan agreement with Defendant C on January 18, 2017, and settled its debt and joint guarantee.

However, according to Article 1 of the Loan-Prohibited Agreement, it appears that the ownership of six bonds among the apartment units of this case, including the real estate of this case, will be transferred in lieu of the repayment, while paying KRW 421,00,000 to the profits from the existing amount invested. Since the value of one bond of this case is KRW 211,90,000,000, the value of one bond of this case is the value of six bonds.

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