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(영문) 광주지방법원 2018.11.09 2018가합52414
소유권이전등기
Text

1. Of the instant lawsuit, the part of claim against Defendant B, Defendant E, F, G, C, and D regarding the claim against Defendant B, Seo-gu, Gwangju H Miscellaneous District 1614.

Reasons

1. Basic facts

A. On October 17, 2014, the Plaintiff borrowed KRW 700,000,000,000 (hereinafter “instant land”) from Nonparty K to Nonparty K for the 1,614.7 square meters in Seo-gu, Seo-gu (hereinafter “instant land”).

(2) On January 22, 2015, the Plaintiff borrowed KRW 600,000,000 from Nonparty J in order to prepare the purchase price of the instant land, and entered into an agreement with J as follows.

J, the Plaintiff, L, and M agree with respect to the loan of the remainder of the land in this case as follows:

2. The J, simultaneously with the preparation of an agreement, borrows KRW 600,000,00 for the Plaintiff, L and M as the remainder payment for the instant land.

3. The Plaintiff, L, and M shall pay KRW 600,000,000 borrowed from J until April 22, 2015.

4. The plaintiff, L, and M paid the balance of the land in this case and thereafter completed the ownership transfer registration with the plaintiff, L, and M trusted to N, and if the plaintiff, L, and M fail to pay the above KRW 600,000,000 by April 222, 2015, the plaintiff, L, and M terminate N and complete all rights to the land in this case and complete the ownership transfer registration with the J (Provided, That when the J registers the ownership transfer of the land in this case, the first bank loans shall be succeeded).

After completing the registration of ownership transfer on the instant land on January 22, 2015, the Plaintiff completed the registration of ownership transfer on the same day (hereinafter “N”). D.

On March 2, 2015, the Plaintiff additionally borrowed KRW 100,000,000 from J as of May 2, 2015.

B. On April 20, 2015, the Plaintiff entered into an agreement on the instant land between the Plaintiff and J and the Plaintiff on April 20, 2015, the Plaintiff sold the instant land in KRW 1,400,000,000 to J. However, the Plaintiff entered into a sales contract with the Plaintiff on April 20, 2015, stating that the remainder of KRW 700,000 is paid on June 15, 2015.

1. Pursuant to the agreement concluded between J and the Plaintiff on January 22, 2015 between J and the Plaintiff, etc., the J in total to the Plaintiff on January 7, 200.

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