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(영문) 창원지방법원 2014.08.14 2014가합1744
소유권이전등기
Text

1. On June 16, 201, the Defendant issued a registration office of Changwon District Court with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2010, A borrowed KRW 3 million from B, KRW 5 million from C as at October 30, 2010, and KRW 5 million from C as at 2.5% each due date and interest month, A completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) on the same date in order to secure the obligation to borrow the loan, and subsequently additionally borrowed the provisional registration of this case from B on September 3, 2010 by setting the maturity period of KRW 4.5 million as at December 3, 2010 and as at 2.5% of interest rate.

B. On December 3, 2010, the Plaintiff purchased each of the instant real estate and the instant multi-family housing D, 101, 102, 202, 402, and 602 in KRW 1.41,400,000,000,000. In lieu of the payment of the said purchase price, the Plaintiff decided to accept the loan and the obligation for construction payment secured by each of the instant real estate, including B and C, as well as the above loan and the obligation for construction payment.

C. On June 15, 201, the Defendant purchased each of the instant real estate from A in the purchase price of KRW 15 million (hereinafter “instant sales contract”), paid KRW 15 million to B and C in lieu of the payment of the said purchase price, and subsequently acquired the right to claim ownership transfer of the instant provisional registration from B and C. On June 16, 2011, the Defendant completed the ownership transfer registration of the instant provisional registration based on the instant provisional registration as of June 15, 201 (hereinafter “instant ownership transfer registration”).

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4, 5, 10, 13 (including each number), and the purport of the whole pleadings

2. Judgment as to the main claim

A. Since the Plaintiff’s assertion of ownership transfer registration of this case is null and void for the following reasons, the Defendant shall register the ownership transfer to the Plaintiff.

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