logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.06.26 2017가단5944
근저당권설정등기
Text

1. On March 2014, 2014, the Defendant: (a) on each real estate listed in attached Table 1, the Changwon District Court, the Defendant registered the Plaintiff.

Reasons

1. On March 28, 2014, B completed the registration of ownership transfer based on sale as of February 3, 2014, with respect to each real estate listed in the separate list No. 1 of the facts of recognition, and B completed the registration of ownership transfer based on B’s loan of KRW 1.2 billion from the Plaintiff on the same day, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the maximum debt amount of KRW 1,440,000,000, the debtor B, and the Plaintiff as a mortgagee.

On April 27, 2016, the Plaintiff and the Defendant concluded an additional mortgage contract regarding the real estate stated in the attached Table No. 2 in addition to the registration of the establishment of the mortgage of this case in order to secure the obligation of the above loans under B.

The defendant filed a lawsuit against B against B with respect to each of the real estate listed in paragraphs (a) and (2) of the attached Table 1 and 1/3 shares of the real estate listed in paragraph (d) of the attached Table 1, and the real estate listed in paragraph (d) of the attached Table 1 (the Changwon District Court 2016Gahap11246), and on May 19, 2017, the decision of recommending reconciliation was finalized to the effect that “B shall implement the procedure for ownership transfer registration on October 18, 2015 with respect to each of the above real estate on which the defendant is paid KRW 625,00,000 from the defendant.”

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, the purport of the whole pleadings

2. According to the facts of recognition under Paragraph (1) of the judgment on the cause of the claim, the Defendant is obligated to implement the registration procedure for establishing a mortgage on April 27, 2016, regarding the real estate stated in Paragraph (2) of the attached Table, in addition to the registration of establishment of a mortgage of this case.

3. Judgment on the defendant's assertion

A. The defendant's obligation to transfer ownership registration is a duty to transfer ownership without any defect in law. The real estate purchased by the defendant from B is registered as a provisional attachment, and the right to collateral is established, and it is impossible to use the building because there are many defects in the building itself, and the duty to transfer ownership registration in B is impossible to perform.

arrow