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(영문) 부산지방법원 2015.02.11 2013가단54389
토지소유권이전등기
Text

1. The Defendant is limited to the Plaintiff’s sale on January 6, 2012 with respect to the real estate indicated in the attached list.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the deceased C (hereinafter “the deceased”). Since then, each transfer registration of ownership was completed in the future, such as D, E, F, etc. with respect to the remaining shares excluding 4161/7637 out of the shares.

B. As the Deceased died on November 16, 199, G, who was his wife, succeeded to the deceased’s property at the respective ratios of 2/13, including 3/13, the Defendant, H, I, J, and K.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 6, 7, and 8 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff loaned KRW 230 million to the Deceased on October 16, 1996, and agreed that the sum of the shares owned by the Deceased among the 22 parcels, including the shares owned by the Deceased, in Chang-si L, Chang-gu, Seoul Special Metropolitan City L, where the Deceased was divided and consolidated by the Deceased, shall be transferred from the Deceased. On the 24th of the same month, in order to secure the above loan claim, the Plaintiff entered into a mortgage contract with the Deceased with the maximum debt amount of KRW 450 million, and completed the registration of the establishment of the neighboring mortgage on the 25th of the same month.

However, as the deceased died without paying the above loans on November 16, 199, during the said compartmentalization and rearrangement project, the Defendant, the president of the deceased, on January 6, 2012, agreed that the Defendant shall succeed to the deceased’s obligations against the Plaintiff, and that the Defendant shall pay the purchase price of the instant real estate in KRW 750,000,000,000 for the total amount of money and KRW 450,000,000,000 for the said maximum amount of debt, after substitution.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on January 6, 2012 with respect to the instant real estate to the Plaintiff.

B. 1) Evidence A Nos. 1 and 2, and Evidence A No. 3 (Real Estate Sales Contract, Defendant’s name after the fact that the Defendant’s seal was affixed is presumed to be the authenticity of the entire document due to the lack of dispute between the parties.

The defendant.

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