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창원지방법원 거창지원 2018.08.28 2017가단1627
가등기의 말소등기 절차 이행 등기
Text

1. The defendant is about the plaintiff's 3.06 cubic meters and the 56 cubic meters of the CJ and the bridge and the 33.06 cubic meters of the ground floor.

Reasons

1. Indication of claim;

A. On January 10, 2014, the Defendant sold showers, etc. to E Co., Ltd. with the Plaintiff’s husband D’s representative director (hereinafter “E”) in the amount of KRW 280 million and received down payment of KRW 30 million on the same day.

B. On May 27, 2014, D: (a) paid to the Defendant the balance of KRW 250 million up to August 11, 2014; (b) if not performed, D accepted compulsory execution; and (c) made up a notarial deed of a quasi-loan for collateral transfer (Evidence 234, Daegu Law Firm Samsung, Samsung & Samsung, 2014), which provides one of the showers on the F of the Gyeongnam-gun, Gyeong-gun, the security of which is to provide one of the showers on the ground; and (d) the Plaintiff jointly and severally guaranteed the said debt.

C. On May 30, 2014, the Defendant completed the provisional registration of the right to claim transfer of ownership on May 27, 2014 (hereinafter “the provisional registration of this case”) on the part of the 33.06 cubic meters of the 56 cubic meters and the 36 cubic meters of the 33.06 cubic meters of the Gyeongnam Development-gun, the Plaintiff’s Gyeongnam-gun, the Plaintiff owned.

피고는 2015. 4. 1. 원고에게 ‘경남 함양군 F 크랏샤기계 반출완료시 가등기를 해제하기로 한다’는 내용의 사실확인서를 작성하여 주었다.

E. On February 27, 2014, G, H, and I purchased cruba, water treatment facilities, etc. from J on behalf of E, and filed a lawsuit against E on April 9, 2015 against Changwon District Court for delivery of cruba, etc., and the Defendant also filed an application for intervention against E as an independent party seeking delivery of cruba, etc., and on May 10, 2016, the said court rendered a judgment to the effect that “E confirms that the Defendant is the ownership of cruba, etc. and delivers cruba, etc., to the Defendant”, while G, etc. appealed appealed, etc., the appeal was dismissed on January 19, 2017, and the said judgment became final and conclusive.

F. Since then, the Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea.