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(영문) 부산지방법원 2019.12.04 2019가합45490
소유권이전등기말소등기청구 등
Text

1. As to each real estate listed in the separate sheet to the plaintiffs:

A. Busan District Court received June 19, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(A) the deceased who was the previous owner of the deceased (hereinafter referred to as “the deceased”).

As the heir of the deceased on June 23, 2019, the deceased died on June 23, 2019 while the lawsuit in this case was pending. 2) The Defendant is the provisional registration and principal registration right holder who completed the registration of transfer of ownership as the Busan District Court’s receipt No. 27091 on June 19, 2018 (hereinafter “the provisional registration of this case”) and the provisional registration and principal registration completed the registration of transfer of ownership as the receipt of the same court No. 20295 on May 10, 2019.

B. Establishment of provisional registration of each of the instant real estate and payment of the Defendant’s loan 1) On June 19, 2018, the Deceased borrowed KRW 800,000 from the Defendant to borrow from the Defendant on June 19, 2018 as follows (hereinafter “the instant loan certificate”).

was prepared and proposed.

The amount fixed at KRW 800,000,000 shall be fixed at the loan rate on the following terms and conditions, and at the time, you confirm that they will assume civil and criminal liability:

- - Sound

1. Period for borrowing: From June 19, 2018 to September 18, 2018 (3 months);

2. Paid interest: 1.5% per month, 12,00,000 won (Provided, That for interest, the amount of interest shall be three months prior to the date of borrowing in advance).

3. Security goods: All land and buildings located in the Busan City/Do Gu.

4. Other expenses: The borrower shall pay provisional registration expenses and other expenses.

5. Special terms and conditions: If it is known that a loan has been repaid even after the maturity of the loan period, the ownership of the said secured article shall be transferred to the lender without any condition.

2) On June 19, 2018, the Deceased received KRW 764,00,000 from the Defendant, deducting the interest of KRW 36,00,000 from the borrowed principal under the instant loan certificate. On the same day, the Deceased completed the provisional registration of the instant real estate against the Defendant. C. The Defendant’s principal registration of the instant real estate and the deceased’s repayment deposit1) on May 10, 2019.

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