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(영문) 전주지방법원 2015.09.04 2014가합7680
근저당권설정등기 말소등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who owns each real estate listed in the separate sheet (hereinafter “instant real estate”) with C in 1/2 shares.

As of August 9, 2013, the Plaintiff and C entered into a sales contract to sell the instant real estate in KRW 2,650,000 (hereinafter “instant sales contract”) with D, and matters concerning the payment of the price are as follows.

Of the purchase price, the Plaintiff received KRW 100,000,000 from the date of the contract, the intermediate payment of KRW 600,000,000 on August 16, 2013, and transferred the Plaintiff’s equity interest when the payment was made in full. Of the remainder of KRW 1,950,000,000, the Plaintiff succeeded to KRW 700,000,000 against the Plaintiff’s community credit cooperatives as collateral for the instant real estate.

On the other hand, 1,250,000 won out of the balance shall be paid by C, but it shall be converted to the loan, and 1% interest per month shall be paid on the 15th day of each month without the due date for payment, and if the purchaser thereafter operates the eate club in the instant real estate and pays the principal with the profit, C's share shall also be transferred.

B. D paid KRW 100,00,000 to the Plaintiff on the day of the instant sales contract, and paid KRW 600,000 in total intermediate payment from the Defendant on August 19, 2013 and August 21, 2013, but failed to prepare expenses incurred in transferring the Plaintiff’s share.

C. In order to secure the Defendant’s loan claim upon D’s request, the Plaintiff completed the registration of creation of a joint collateral security (hereinafter “instant collateral security”) with respect to the Plaintiff’s share out of the instant real estate, which is KRW 350,000,000, with the Jeonju District Court No. 68686, August 19, 2013.

D In order to hear the opinion that the registration cost may be reduced if the transfer is made in the name of a corporation, and to reduce the cost, it is not more than a limited liability company E with the representative director on August 20, 2013.

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