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(영문) 서울동부지방법원 2016.06.15 2015가합2681
소유권이전등기
Text

1. The defendant receives KRW 18.2 million from the plaintiff and simultaneously receives KRW 18.2 million from the plaintiff to the plaintiff:

(a) Of the real estate listed in the separate sheet 1.

Reasons

Basic Facts

The Defendant sold the land listed in the separate sheet No. 1 through 5 (hereinafter referred to as “each land”) among the real estate listed in the attached sheet No. 1, 2, 3, 4, and 5 in the procedure of voluntary auction of the real estate set forth in Gyeyang-gu High District Court (Seoul High Court), and the housing listed in the 6 (hereinafter referred to as “instant land”) and completed the registration of ownership transfer on November 5, 2014.

As to the instant land 1 on November 5, 2014, the Defendant completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 196.8 million, the debtor, the defendant, and the new bank (hereinafter referred to as the "new bank"), and with respect to the instant land and the instant six houses, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 368.4 million, the debtor, the defendant, and the new bank with the right to collateral security (hereinafter referred to as the "new bank") was completed.

The defendant offered the above real estate as security and was loaned KRW 471 million from the new bank.

On the land of this case, the Plaintiff respectively constructed seven houses listed in the attached Table 7 (hereinafter “instant seven houses”) and eight houses listed in the attached Table 8 (hereinafter “instant eight houses”) among the real estate listed in the attached Table 4 on the land of this case.

On November 24, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase the instant land and the instant six houses (hereinafter “instant sales contract”) as follows.

Matters requiring special agreement - Land in this case and 6 houses in this case - Building owner shall be transferred to B (Defendant) for a building being constructed on the ground of the commercial sale goods, and A (Plaintiff) shall be completed at his own expense within four months from the date of the contract, and the purchase price shall be paid, and ownership shall be transferred to A, and detailed special agreement shall be as follows:

1. The building owner of a building under construction on two parcels of land in the instant case 3 and 4 shall be changed to B, and the construction shall progress.

2. After the date of the contract;

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