logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2019.11.27 2018가단5438
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 30, 200, the registration of transfer of ownership in the name of the Defendant was completed on December 4, 200 on the ground of sale on November 30, 200 with respect to the land of 1,144 square meters (hereinafter “the instant real estate”) owned by the Plaintiff in Yongnam-gun, Youngnam-gun.

(hereinafter “instant transfer registration”). B.

On December 2, 2000, the Plaintiff and the Defendant drafted a written agreement with respect to the instant real estate (hereinafter referred to as “instant agreement”) as follows:

Agreements

1. Real estate indicated in this case;

2. Eul (the plaintiff, hereinafter the same shall apply) shall borrow 32,680,00 won from Gap (the defendant, hereinafter the same shall apply) in the course of winning the above real estate at D auction cases of the Gwangju District Court of Gwangju, and the borrowing period shall be from January 1, 201 to December 31, 2003, the interest rate shall be 12% per annum, the payment period shall be the end of each year (if the payment of interest is delayed for not less than one month, this agreement shall be null and void), and Eul shall register the transfer of the above real estate to Gap by means of transfer for the above borrowing amount.

5. Where B pays the principal and interest of a loan within the loan period, A shall immediately make the registration of ownership transfer to B, and where B disposes of other real estate with the name of registration affixed to B even before the repayment, he/she shall assume all civil and criminal responsibilities.

8. Where Eul fails to fully pay his/her debts at the due date or an agreement becomes null and void during the proceeding, Gap shall acquire the ownership of the above real estate, and where the difference between the principal and interest on his/her debts and the market price of real estate occurs, the balance shall be settled as prescribed by the Provisional Registration, Security, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff did not sell the real estate of this case to the defendant on November 30, 200, as the grounds for registration of transfer of ownership of this case are the registration invalidation of the above transfer of ownership.

On December 200, the Plaintiff borrowed KRW 20 million from the Defendant.

arrow