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(영문) 수원지방법원여주지원 2016.05.25 2015가단25503
소유권이전등기
Text

1. The Defendant is on February 4, 2015, based on an agreement on payment in kind with respect to one-half share of 324 square meters, among the 324 square meters in Sju-si, the Plaintiff.

Reasons

The facts without dispute, and comprehensively taking account of the overall purport of the pleadings in the statements in Gap evidence Nos. 1 through 4, the plaintiff loaned each of the loans to the defendant as KRW 10 million on December 30, 2010, and KRW 5 million on September 2, 2013, and the defendant, on February 4, 2015, fails to pay the above loan to the plaintiff by November 30, 2015, he/she shall be deemed to have paid the loan in the form of the purchase price, and "the land in this case is not more than KRW 324 square meters on the basis of the purchase price for the loan."

B. The Plaintiff or a third party designated by the Plaintiff prepared and delivered a written promise to transfer to the Plaintiff or the Plaintiff, and the Defendant was unable to repay the said loan to the Plaintiff by November 30, 2015, and the Defendant may each recognize the fact that the Defendant owns 1/2 of the instant land.

According to the above facts, in a case where the defendant could not repay the above loan amount to the plaintiff by November 30, 2015, the defendant agreed to pay the loan amount of KRW 15 million to the plaintiff in lieu of the above loan amount with the land in this case. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership based on the above payment agreement with respect to the 1/2 of the land in this case owned by the defendant

In regard to this, the defendant's above accord and satisfaction agreement covers the whole land of this case and does not cover only 1/2 shares out of the land of this case. Thus, the defendant cannot respond to the plaintiff's claim of this case seeking the registration of ownership transfer only for 1/2 shares out of the land of this case, but it is reasonable to view that the above accord and satisfaction agreement includes the payment agreement for 1/2 shares out of the land of this case. Thus,

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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