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(영문) 서울북부지방법원 2015.05.07 2014가합23533
소유권말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) D purchased land, such as Gangnam-gu Seoul Metropolitan Government E, and decided to newly construct a multi-household house on that ground. From June 2002 to July 2002, 2002, D borrowed land purchase costs and construction costs from the Plaintiff. D purchased land in the name of the Plaintiff. The land was finally purchased in the name of the Plaintiff, and the project site is finally 240 square meters (hereinafter “instant land”).

2) On June 11, 2002, the Plaintiff, at D’s request, completed the registration of creation of a neighboring mortgage on the instant land in the amount of KRW 162,50,000,000 from the new bank and delivered to D with the loan of KRW 125,00,000 from the new bank.

3) On June 20, 2003, the Plaintiff settled the Plaintiff’s loans to D and D as KRW 450,000,000, and it is deemed that 10 households of multi-household houses newly built on the instant land by D as the owner of the building (hereinafter “instant building”).

(B) The Plaintiff agreed to sell the instant building in lots and pay the said money. However, as the sewage supplier who constructed the instant building did not receive the construction cost from D, the Plaintiff exercised a lien on the instant building, and thereby, it became difficult to sell the instant building in lots. (B) The real estate sales contract and the contract for the transfer and acquisition of bonds (hereinafter “the instant contract”).

의 체결 원고는 2007. 12. 6. 피고와, ‘ 원고는 이 사건 토지 및 건물을 매도하고, D에 대한 채권을 양도하며, 피고는 매매대금 150,000,000원을 지급하고, 이 사건 토지를 담보로 원고가 대출받은 125,000,000원의 채무를 인수하며, 등기 등 법적 조치가 완료된 경우 이 사건 건물 중 3층 1가구에 관한 소유권을 이전한다’는 내용의 이 사건 계약을▣ 매매목적물 표시

(a) Indication of real estate - Seoul Northern-gu C 240 square meters - The above ground shall not be registered.

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