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(영문) 대전지방법원 2018.04.12 2017나114335
소유권이전등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The real estate Nos. 1 through 5, and 8 among the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by C, a director of the Defendant in-house, and the real estate Nos. 6 and 7 was owned by D (C). As to each of the instant real estate, the Daea Credit Union (hereinafter “SaB”) applied for a voluntary auction on January 14, 2016 by the mortgagee, who was the right to collateral security (hereinafter “SaB”), applied for a voluntary auction, and the auction procedure took place.

B. In the above auction procedure, the Plaintiff and D shall be awarded 1/2 shares in the names of the Plaintiff and E (D). On December 31, 2015, the Plaintiff and D shall prepare and pay KRW 1150 million for the successful bid price as indicated below, as indicated in the table, and shall complete the registration of ownership transfer in the name of the Plaintiff and E with respect to each of the instant real estates.

With respect to each real estate of this case by the Plaintiff, the obligor, the maximum debt amount of KRW 1170,000,000,000,000 for the first joint collateral of KRW 1.17,000,000,000 for each of the real estate of this case, the obligor, the maximum debt amount of KRW 265,5,000,000,000 for each of the real estate of this case was created. The obligor, the maximum debt amount of KRW 1.15,00,000 for each of the real estate of this case was created, and the obligor, the joint collateral of KRW 1.5,00,000,000 for loans of KRW 3.14,55,000,000 for loans of KRW 42,520,000 under the name of the Plaintiff (D) for loans from

C. The Plaintiff agreed to sell each of the instant real estate to the Defendant between D and the Plaintiff on April 7, 2016, concluding a sales contract to sell each of the instant real estate to the Defendant at KRW 1.5 million (hereinafter “instant contract”). According to a special agreement, the Defendant assumes up the obligation of KRW 900 million to the Plaintiff’s Machan Cooperation (hereinafter “one obligation”) and the obligation of KRW 65 million to F (hereinafter “the obligation of KRW 1”) and the obligation of KRW 1 and 2, up to April 15, 2016 (hereinafter “each obligation of this case”).

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