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(영문) 대전지방법원공주지원 2015.11.25 2015가합10
소유권이전청구권가등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On October 18, 2012, the Plaintiff received compulsory decision to commence the auction procedure (the first court E) with respect to the real estate listed in the separate sheet No. 1 attached hereto (hereinafter “instant real estate”) from the official branch of the Daejeon District Court, and continued the auction procedure.

B. On May 16, 2014, Defendant C delegated Defendant B with the authority to conclude a sales contract on the instant real estate, and determined the Defendants as joint buyers and as joint buyers the sales amount of KRW 2,480,00,000 with respect to the instant real estate. As a special agreement, Defendant C entered into a sales contract with the Plaintiff and Seoul Mutual Savings Bank on the condition that the intermediate payment and the balance would be repaid and settled the obligations of the Plaintiff and Seoul Mutual Savings Bank, and paid KRW 150,000 on the same day the down payment was paid.

Defendant B paid KRW 1,344,815,201 to Seoul Mutual Savings Bank on the same day.

C. After the conclusion of the above sales contract, the Plaintiff demanded Defendant C to affix a seal to the agreement containing the following contents (hereinafter “instant agreement”). Accordingly, Defendant C affixed his own seal and the seal of Defendant B respectively.

The Defendants agree to borrow 630,000,000 won from the Plaintiff, which is insufficient to purchase the instant real estate from D, and to repay the said amount under the following conditions.

1. On May 15, 2014, the Defendants offered a loan of KRW 630,000,000 (the agreement states “630,000,000 won” in the agreement, but it appears to be a clerical error in the amount of KRW 630,00,000 in the amount of the claim corresponding to the same amount of the claim against D) to the Plaintiff for a set-off of the claim corresponding to the amount of the claim against D and in lieu of the payment for the said real estate, and the Plaintiff lends the same amount of KRW 630,00,000 to the Defendants by revocation of a compulsory auction on the said real estate.

2. The Defendants shall pay the Plaintiff 1% interest of KRW 630,000 per month on 15th day before May 30, 2014.

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