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(영문) 인천지방법원 부천지원 2021.01.12 2020가단331
소유권말소등기 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 13, 2005, the Defendant concluded a sales contract with D Co., Ltd. (hereinafter “instant company”) stating that each of the instant lands and the buildings listed in the list of the buildings on each of the instant lands (hereinafter “the instant building”) shall be sold KRW 210 million to the instant company for purchase price of KRW 200 million (hereinafter “the instant sales contract”).

The contract of the first sale contract of this case (Evidence A No. 4) contained the following special terms and conditions (hereinafter “the instant special terms and conditions”).

1. The Defendant shall transfer to the instant company the documents to transfer the ownership of the building at the same time with the contract, and the land ownership transfer should be made immediately after the Defendant’s disposal of legal defects (right to collateral security, provisional seizure, etc.) in each of the instant land (right to collateral security, provisional seizure, etc.).

However, at the same time as the contract is concluded, legal rights (ownership, etc.) shall be transferred to the company in this case, and the purpose of use in the letter of approval for use of the building (main purpose: multi-family house) shall be changed to multi-household housing under the defendant's responsibility and transferred

4. Any balance under this Agreement shall be payable within one month after receipt of the ownership of the land after the receipt of the transfer of the ownership after the disposal of legal defects.

B. E was an owner of each of the instant lands on January 10, 2003

With respect to each of the instant lands after concluding a mortgage contract and superficies contract with F, the maximum amount of claims on January 10, 2003 is KRW 375 million, the debtor, the FF and the person holding the right to collateral security are the registration of the creation of the right to collateral security (hereinafter “registration of the right to collateral security”). The F and the person holding the right to collateral security established on each of the instant lands according to the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) was the registration of the right to collateral security established on each of the instant lands.

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