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(영문) 의정부지방법원 2018.07.27 2016가합52767
소유권이전등기말소 등
Text

1. Defendant C:

A. As to the Plaintiffs’ KRW 640,000,000 and KRW 500,000 among them, from March 6, 2014 to June 7, 2016.

Reasons

1. Basic facts

A. On January 5, 2014, the Plaintiffs and ICo., Ltd. (hereinafter “I”) are married couple, and the Plaintiffs are I Co., Ltd. (hereinafter “I”).

Defendant C) and Plaintiff A, the Plaintiff-owned, 42,942 square meters (hereinafter “instant land”) of F forest land in Dongbcheon-si, Dongbcheon-si.

2) In the case of the joint ownership of the plaintiffs, both J-si and nine parcels (hereinafter referred to as "Ki land").

(C) 133/619 Shares 133/619 shares in L-ground M buildings and 199/619 shares in 3rd floor of the same building (hereinafter referred to as “instant store”).

) The contract for exchange with the Corporation (hereinafter referred to as “instant exchange contract”).

(2) Upon the conclusion of the instant exchange contract, I evaluated the instant land and Kriland as KRW 2.35 billion, and evaluated the remainder of KRW 1.3 billion, excluding KRW 1.5 billion succeeded amount of debt, at a net value, and evaluated the instant store as KRW 1.2 billion, and I agreed to pay the difference to the Plaintiffs.

B. 1) Of the instant land, Defendant D Co., Ltd. (hereinafter “Defendant D”) with respect to the share of 39,636/42,942 out of the instant land

(2) The registration of establishment of a mortgage was completed on September 28, 2015 with respect to the portion of Defendant D’s share in the instant land as the same Government District Court Decision No. 13013, Sept. 11, 2014; No. 1489, Jan. 28, 2015; and thereafter, the registration of establishment of a mortgage was completed on the basis of the maximum debt amount of KRW 140,000,000,000 for debtor I, B, G, and maximum debt amount of KRW 140,000.

3) Of the instant land, the registration for partial transfer of the right to collateral security on the ground of partial transfer of claim H, among the instant land, was completed on January 28, 2015, by the Jung-gu District Court, Dongbcheon Registry, 1491, which was received on January 28, 2015. On the same day, the registration for partial transfer of the right to collateral security on the ground of Defendant E’s partial transfer of claim H, among the instant land. 4) Of the instant land, Defendant D’s registration was completed.

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