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(영문) 서울남부지방법원 2016.05.10 2015가단58642
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 3, 4, and 1, the Plaintiff and the Defendant concluded an exchange contract on April 20, 2015 with respect to the instant real estate owned by the Defendant, with the 18,645 square meters and all of the instant real estate owned by the Plaintiff on April 20, 2015.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the above exchange contract to the Plaintiff, barring special circumstances.

As to this, the defendant shall raise a defense of the rescission of the contract.

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2, the Plaintiff agreed to assume the above collateral security obligation of the Defendant’s collateral security obligation equivalent to KRW 350,000,000,000, which was established on the instant real estate, by May 26, 2015, based on a special agreement at the time of the conclusion of the above exchange agreement, with the Defendant’s collateral security obligation of KRW 350,000,000, which was established on the instant real estate, until May 26, 2015. The Plaintiff failed to perform the said obligation by the lapse of the above date, and on this ground, the Defendant may each

Thus, the defendant's defense is justified.

The plaintiff's claim is dismissed on the ground that it is without merit.

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