(영문) 의정부지방법원고양지원 2016.07.12 2016가단73111

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(영문) 의정부지방법원고양지원 2016.07.12 2016가단73111

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 5, 2003, the Plaintiff completed the registration of ownership transfer on the ground of the registration of the right to claim ownership transfer, which was completed under the receipt No. 4957 of November 202, 2002, on the grounds of the registration of the right to claim ownership transfer, which was completed on November 19, 2002 under the registration of the right to claim ownership transfer on the ground that “the sale on November 19, 2002,” was based on the registration of the right to claim ownership transfer on the ground of “the sale on November 19, 2002.”

B. On January 5, 2004 between the Plaintiff and F Co., Ltd. (hereinafter “F”), a lease contract of KRW 100 million (hereinafter “instant lease contract”) was drafted with respect to the instant factory.

C. On July 7, 2006, the Plaintiff filed a lawsuit against F on the ground of the instant lease agreement against F, which was the District Court 2006Gadan44203, and on October 31, 2006, the said court sentenced F to the judgment that “F delivers the instant factory to the Plaintiff, and pays the money calculated at the rate of KRW 3 million per month from January 2004 to the completion date of delivery of the instant factory” (hereinafter “related judgment”), which became final and conclusive on November 22, 2006.

The defendant was the representative director of F from December 24, 2003 to June 2007 established by F.

E. At the time of February 12, 2007, the Defendant: (a) completed the registration of creation of a mortgage over the debtor, the defendant, and the maximum debt amount of KRW 100 million (hereinafter “the registration of creation of a mortgage over the instant apartment”); (b) on July 4, 2007, the registration of creation of a mortgage over the instant apartment owned by the defendant was cancelled on the ground of “the termination of July 2, 2007” on the ground of “the termination of July 2, 2007.”

F. The Defendant, on July 4, 2007, cancelled the registration of the establishment of the instant neighboring apartment, filed a provisional registration of the right to claim ownership transfer regarding the instant apartment (hereinafter “instant provisional registration”).

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