logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.11.14 2017가단113408
소유권이전등기
Text

1. The Defendant’s KRW 45,00,000 for each of the Plaintiffs and 5% per annum from January 6, 2018 to May 17, 2018.

Reasons

1. Basic facts

A. Ownership of each real estate listed in the separate sheet and mortgage 1) each real estate listed in the separate sheet (hereinafter “each real estate of this case”)

(2) around July 2017, 2017, the following two mortgages were completed on each of the instant real estate by the Defendant, which completed the registration of ownership transfer on April 2, 2003.

On June 9, 2008, Defendant 546,000,000 180,000 on June 9, 2015, Defendant 23, 2015, 240,000

B. On July 28, 2017, the Defendant concluded a sales contract with Plaintiff A to sell each of the instant real estate to Plaintiff A for KRW 270,000,000 (hereinafter “instant sales contract”).

C. On July 28, 2017, Plaintiff A paid KRW 65,000,000 as part of the purchase price under the instant sales contract to the Defendant on behalf of the Defendant. (2) In addition, Plaintiff A paid KRW 25,00,000 to the Defendant’s New Capital Capital Co., Ltd. (hereinafter “New Capital”) on August 1, 2017.

On August 1, 2017, the New Hang Capital deleted the registration of creation of a mortgage No. 2 as stated in the No. 2 of the said Table established on each real property of this case.

【Reason for Recognition】 Each entry in the evidence Nos. 2 and 3, and Nos. 1, 2, and 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff A and the Defendant paid KRW 65,00,000 in cash at the time of the conclusion of the instant sales contract, instead of the Defendant’s debt amounting to KRW 25,00,000, and simultaneously with the Defendant’s transfer of ownership from the Defendant, the Defendant’s obligation to pay the Defendant’s debt to the Korea Agricultural Cooperative.

arrow