logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.13 2015가단10343
소유권이전등기
Text

1. The defendant shall have jurisdiction over the Gwangju District Court concerning each real estate indicated in the indication of attached real estate to the plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1, 2-2, and 3; and (c) evidence Nos. 4-1 through 3.

On October 8, 2014, the Plaintiff leased KRW 30 million to the Defendant on November 30, 2014 and at the rate of 2.5% per month of overdue interest rate. The Plaintiff and the Defendant, when the Defendant at the time of the said lending, performed the provisional registration procedure on each real estate indicated in the separate sheet (hereinafter “instant land”) and agreed to implement the principal registration procedure if the Defendant is unable to repay the loan by December 31, 2014.

(B) The agreement of this case from the following (hereinafter referred to as the “instant agreement”).

On December 2, 2014, in accordance with the instant agreement, the Defendant issued a provisional registration (only “the instant provisional registration” from the following to the Plaintiff on December 2, 2014) with regard to each of the instant land, as indicated in Paragraph 1, which was based on the pre-sale agreement on the same day.

C. On June 23, 2015, the Plaintiff stated that the value of the instant land assessed on the basis of the above date is KRW 35 million in total, and the Defendant’s principal and interest obligation pursuant to the instant agreement is KRW 35,075,000, and the Defendant’s principal and interest obligation pursuant to the instant agreement is KRW 35,000. Therefore, the Plaintiff did not have the settlement money to be paid to the Defendant, and thus, the Plaintiff’s security right based on the instant provisional registration has

2. According to the reasoning of the lower judgment as to the cause of the claim, the Plaintiff was recognized to have notified the Defendant of the exercise of a security right under Article 3 of the Provisional Registration Security Act on June 29, 2015, and thus, the Defendant is obliged to implement the registration procedure for transfer of ownership based on the provisional registration of this case on the ground of the completion of the pre-sale contract on August 29, 2010, when the period of two months thereafter elapsed.

3. Judgment on the defendant's assertion

arrow