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(영문) 광주고등법원 2016.10.28 2016나706
소유권말소등기
Text

1. The plaintiff's conjunctive claim added at the trial is all dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's primary claim within the scope of the judgment in this Court was dismissed in the judgment prior to remand, and the plaintiff's appeal was dismissed, and the judgment prior to remand became final and conclusive due to the dismissal of the appeal.

2. Basic facts

A. On May 27, 2009, the Plaintiff newly constructed a general steel structure and the 7th floor above the ground level of the 1st floor above the 886 square meters in the Nanpo City N, and completed registration of preservation of ownership on each of the real estate listed in the separate sheet subject to sectional ownership of the same building (hereinafter “each of the instant real estate”).

B. In short, the Plaintiff borrowed KRW 100,000,000 on May 29, 2009 and KRW 50,000,000 on June 1, 2009, and agreed to transfer the ownership of the real estate listed in paragraphs (8) through (11) of the attached Table (No. 501, 502, 601, and 602) to the Defendant where the said money is not repaid by the due date.

C. The Plaintiff failed to pay the above amount until the above maturity, and on June 24, 2009, the loan amount was increased to KRW 150,000,000 upon Defendant A’s request, and the repayment period was set at KRW 13:00 on June 30, 2009.

(Security is the same as before).

As the Plaintiff failed to pay the above money by the payment deadline, the Defendant A extended the payment deadline on July 1, 2009 to 12:00 on July 6, 2009, and the Plaintiff agreed to transfer the ownership of the real estate (No. 401, 402, 501, 502, 601, 602, and 602) stated in the attached Table No. 6 through 11 to the Defendant where the said money is not repaid by the payment deadline at the request of the Defendant A.

E. However, the Plaintiff failed to pay the above amount until the above maturity, and the Defendant A applied for the registration of ownership transfer on the real estate stated in the [Attachment List Nos. 6 through 11 on July 6, 2009, but it is the Plaintiff’s simple hearing.

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