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(영문) 수원지방법원안양지원 2015.02.05 2014가단718
소유권이전등기절차이행 등
Text

1. Defendant C is the Suwon District Court with respect to the shares of the 1923.97/4568 of each real estate listed in the separate sheet to Defendant B.

Reasons

1. Basic facts

A. On December 9, 1989, the Plaintiff and Defendant C entered into a sales contract with Defendant B to purchase each of the real estate listed in the separate list of real estate owned by Defendant B (hereinafter “each of the instant land”) at KRW 69 million. In the special agreement of the sales contract, the seller set the ownership transfer to a designated person by the purchaser.

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Plaintiff and Defendant C agreed to complete the registration of ownership transfer in the deceased D, the husband of Defendant C, once they did not appear to have been the adequate purchaser until the remainder payment.

C. Accordingly, the registration of ownership transfer (hereinafter “the registration of ownership transfer”) was completed in the net D as of February 17, 1991, No. 7853, which was received on February 17, 1991, for each of the instant lands by Suwon District Court, Ansan District Court, the Suwon District Court rendered the registration of ownership transfer.

After the network D died on November 27, 2000, E, F, G, and H, the wife of the network D, agreed to divide each of the instant land into the inherited property by transferring it to Defendant C. Accordingly, as to each of the instant land, the Suwon District Court’s Ansan Branch Office received on January 12, 2001, No. 2063 on January 12, 2001, the ownership transfer registration (hereinafter “second ownership transfer registration”) was completed against Defendant C due to inheritance by agreement division (hereinafter “second ownership transfer registration”).

E. On November 19, 1993 with respect to each of the instant lands, a collateral security was established in the name of Jungcheon Agricultural Cooperative, the debtor of which was the plaintiff, and the loan KRW 10 million out of the loan amounting to KRW 30 million was used by the plaintiff, and on January 31, 2001, after the debtor of the said collateral security was changed to defendant C, the plaintiff transferred KRW 80,000 per month to the defendant C as interest for the above KRW 10 million.

F. The registration of ownership transfer in the name of Defendant B, the registration of ownership transfer in the name of the network D.

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