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(영문) 서울중앙지방법원 2014.05.30 2012가합107001
소유권이전등기말소 등
Text

1. No. 40 of January 18, 201, No. 2011, a notary public against the Plaintiff E, drafted by the Seoul General Law Firm on January 18, 201.

Reasons

1. Basic facts

A. (1) On May 10, 2009, Plaintiff B and Defendant E are the real estate listed in the [Attachment 1] List between Defendant E on May 10, 2009 (hereinafter “J Borrowing”).

(1) When entering into a sales contract with Eul to purchase KRW 155 million for the purchase price, the amount of KRW 40 million out of the purchase price shall be paid in cash, and the remainder of KRW 15 million shall be paid in the lease deposit amount of KRW 40 million for the lessee of the loan, and the mortgagee’s collateral security interest shall be the defendant Seo-gu Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) with respect to the above loan, Seo-gu. Seoul Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”).

(2) On June 5, 2009, the lower court determined that Defendant F’s loan obligation of KRW 75 million against Defendant F, Seoul National Agricultural Cooperative, which is the secured debt of the right to collateral security established with the maximum debt amount of KRW 90 million, would substitute for Defendant F’s acceptance by the Plaintiff B. In accordance with the above sales contract, Plaintiff F, on June 5, 2009, received the registration of the transfer of the above loan from Defendant F, Seoul Central District Court No. 20188, Jun. 5, 2009, and completed the registration of the transfer of the said loan obligation of Defendant F, Seoul National Agricultural Cooperative, with Defendant F, and Seoul National Agricultural Cooperative, with the content that the said loan obligation of Defendant F, the obligor of the right to collateral security, and the mortgagee of the right to collateral security changed from Defendant F, to Defendant F, and completed the registration of the change thereof with the content that changed the said loan obligation from Defendant F, to the Plaintiff.

B. On May 10, 2009, Plaintiff B entered into a sales contract with Defendant G on the following: (a) on May 10, 2009, the real estate listed in attached Table 2 (hereinafter “LB”)

When concluding a sales contract with the content to purchase (the amount of the purchase price is KRW 190,000,000 for Plaintiff B and Defendant G is KRW 185,00,000 for the purchase price).

The transaction value stated in the real estate register is KRW 15 million.

The payment of the purchase price is the mortgagee of the right to collateral security, with regard to the obligation to refund the lease deposit amount of KRW 85 million to the lessee M of the above loan, and the loan.

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