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(영문) 서울중앙지방법원 2018.08.23 2015가단105290
소유권이전등기
Text

1. The Defendant is based on sale on May 6, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that implemented a new construction project of Hosi-si C and D ground E apartment (hereinafter “E apartment”)

B. On May 6, 2013, the Plaintiff and F prepared a sales contract for each apartment (hereinafter “each apartment of this case”) listed in the separate sheet (hereinafter “each apartment of this case”). Each of the instant sales contract of this case is written with the sales price of KRW 100,00,000, the due date for the payment of the sales price is May 6, 2013, the seller is the Defendant and F, and the buyer is the Plaintiff, respectively, and the Defendant’s seal is affixed thereto.

C. As to each of the instant apartments, the registration of ownership preservation in the name of the Defendant was completed due to the commission of the registration of provisional seizure on October 14, 2013. Upon the Plaintiff’s application, the registration of provisional disposition prohibition was completed on October 23, 2013 pursuant to the decision of provisional disposition (2013Kadan6384) by the Daegu District Court (2013Kadan6384) and the registration of ownership transfer was completed on May 12, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The Defendant asserts to the effect that the instant lawsuit constitutes a duplicate lawsuit, which is the same as that of the Incheon District Court’s 2015da33570 claim for collection money.

In full view of the purport of the argument in Eul evidence No. 7, in order to repay the existing obligation to the plaintiff, F shall issue one promissory note of which amount is KRW 50,000,000 on June 30, 201, the due date of November 17, 201, and one due date of which is KRW 50,000,000, and one promissory note of which amount is KRW 50,000 on December 30, 201, respectively, and a notary public prepares an authentic deed of each promissory note of which amount is KRW 779 and 780 on December 30, 201, and F shall secure the obligations under each of the said promissory notes of which amount is KRW 779 and 780 on May 6, 2013.

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