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(영문) 대전지방법원서산지원 2020.06.04 2019가합51590
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Facts of recognition;

A. 1) An agricultural company N Co., Ltd. (hereinafter “N”) is limited to N Co., Ltd. (hereinafter “N”).

(A) On March 11, 2015, the Plaintiff and Jeju-si owned by the Defendant (hereinafter “instant land”) are 3,221.6 square meters (hereinafter “instant land”).

A) The sales contract to purchase the purchase price of KRW 278 million (hereinafter “instant sales contract”) is a sales contract to purchase KRW 278 million.

(2) On May 28, 2015, N took out a loan of KRW 300 million from a P Association on May 28, 2015 to the Defendant on the date of the contract, and completed the registration of creation of a mortgage over the instant land at the P Association’s expense (the maximum debt amount of KRW 390 million for the instant land) and the debtor N on the same day.

3) On May 29, 2015, N thereafter, on the instant land, on the grounds of “sale reservation on May 28, 2015,” the following: (a) the right to claim provisional registration of ownership transfer on the ground of the “sale reservation” (hereinafter “instant provisional registration”).

A. A person holding a provisional registration of an equity on the date of the registration (as of June 17, 2015, D 330/3207 equity on June 6, 2015, and C 235/3207 equity on July 2, 2015, and 175/3207 equity on August 4, 2015, and 175/3207 equity on September 16, 207, 207. Transfer of 200/636.36.20 of equity on September 4, 2015; 207.36.6.20/636.20 of equity on September 4, 2015; and

B. The supplementary registration No. 1 N before the provisional registration of the instant case was entered in the provisional registration of this case from June 16, 2015 to April 19, 2017, as shown in the following table, to the Defendant Intervenor, Q, R, and S.

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