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(영문) 인천지방법원 2015.12.17 2014가합58807
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of the lawsuit, the costs involved in the intervention are assessed against the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. On May 21, 2009, the Defendant entered into a sales contract with the head of Seo-gu Incheon Metropolitan Government (hereinafter “instant land”) (hereinafter “instant sales contract”) with B, which sets the price of KRW 1,650 square meters as KRW 1,247,40,000 between B and B for the purpose of acquiring, constructing, selling, etc. housing and general buildings (hereinafter “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, B paid the contract deposit of KRW 124,740,000 on May 21, 2009, which is the date of the contract, and paid in full to the Defendant through four installment payments until May 17, 2010, after deducting the contract deposit from the said purchase price, and the Defendant agreed to transfer the ownership of the instant land to B after full payment of the purchase price.

C. Around September 23, 2011, B made an agreement to provide the supplementary intervenor with the right to claim ownership transfer registration of the instant land (hereinafter “right to claim ownership transfer registration of this case”) according to the instant sales contract by means of a transfer security (hereinafter “instant transfer security agreement”) to the supplementary intervenor in order to secure the above loan claim (hereinafter “instant loan claim”) after requesting the supplementary intervenor to borrow a loan for the purpose of paying the purchase price of the instant land pursuant to the instant sales contract by obtaining a loan from the supplementary intervenor.

On September 23, 2011, the Intervenor requested the Defendant to consent to the transfer of the right to claim the transfer of ownership under the instant transfer security agreement, and around that time, the Defendant accepted the transfer of the right to claim the transfer of ownership with a fixed date.

E. Since then, the supplementary intervenor implemented a loan under the above loan agreement to the Plaintiff.

F. The Intervenor, around November 27, 2013, is below the PENINSULA YUGE SCE SCEIN YGGYO KUIAI, a company established under the Japanese law.

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