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(영문) 서울서부지방법원 2016.05.31 2015가단247403
말소등기에 대한 승낙의 의사표시의 소
Text

1. The defendant on October 13, 2009, as to the land indicated in the attached list to the plaintiff, the Seoul Western District Court of the Dong-gu District Court.

Reasons

1. Basic facts

A. B was the owner of the land listed in the separate sheet (hereinafter “instant site”) and the aggregate building (five households in the exclusive ownership section; hereinafter “the instant aggregate building”). On May 20, 2005, when selling all the five households of exclusive ownership to another and transferring the ownership transfer to each purchaser, B left in the name of B without completing the registration of site ownership as to the instant site.

B. On October 7, 2008, B created the right to collateral security in C with respect to the instant site.

After all, E, F, and G acquired the instant land at a successful bid in the Seoul Western District Court D Voluntary Auction case where the instant land was in progress upon C’s application, and completed the registration of ownership transfer for each of 1/3 shares.

C. H set the deposit money of KRW 90,000,000 for a contract to establish a contract on September 21, 2009, and the term from September 21, 2009 to September 20, 2019 with respect to the entire site of this case as the Seoul Western District Court completed the registration of establishment of chonsegwon as of October 13, 2009 on October 13, 2009, by the receipt of No. 52084 on October 13, 2009.

(hereinafter “The instant chonsegwon”) D. D. The instant chonsegwon (hereinafter “the instant chonsegwon”).

On July 10, 2015, the Defendant was issued a provisional attachment order of KRW 101,556,000 on the claim amount for the instant right to lease on a deposit basis with the Daegu District Court’s resident support 2015Kadan274, and the Seoul Western District Court completed the provisional attachment registration of the right to lease on a deposit basis as of July 23, 2015.

Since then, the Defendant received a payment order to the effect that “H shall pay to the Defendant 101,56,000 won and the amount calculated by the rate of 20% per annum from August 22, 2015 to the date of full payment.” On December 8, 2015, the Defendant received a payment order to the effect that “H shall pay the Defendant 101,556,000 won and the amount calculated by the rate of 20% per annum from August 22, 2015 to the date of full payment.” On December 8, 2015, the Defendant received a provisional attachment and collection order to transfer the instant right to lease on a deposit basis to the original attachment.

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