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(영문) 수원지방법원성남지원 2020.10.21 2019가단225599
소유권이전등기
Text

1. The defendant dated January 30, 2020 as to each share indicated in the separate sheet among each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On September 6, 2018, the Defendant, jointly with Nonparty C, purchased from Nonparty D for KRW 1,000,000,000,000,000 for KRW 951 square meters, F 35 square meters, and the former G 519 square meters, for KRW 1,00,000,000,000 for KRW 280,000,000,000 for KRW 344 square meters for I forest land, and completed the registration of ownership transfer on December 13, 2018 with respect to shares of KRW 461/951 among E land, F land, 317/519 among G land, and 1/2 of each of the remaining land.

K Association established, on the same day, the right to collateral security with the maximum debt amount of KRW 1180,000,000 for each of the lands above, and L set the right to collateral security with the maximum debt amount of KRW 480,000,000, respectively.

B. On July 18, 2019, E land was divided into the land listed in paragraphs 1, 3, and 4 of the annexed sheet in this case, and G land was divided into the land listed in paragraphs 9 and 10 of the annexed sheet in the annexed sheet. The land first was subdivided into the land listed in paragraphs 2, 6, and 7 of the annexed sheet after the registration conversion of Mro, and J land was converted into Nro.

(hereinafter referred to as “each land of this case” in the attached list).

On June 4, 2019, the defendant made the following contract between the non-partyO on June 4, 2019 (hereinafter referred to as the "contract as of June 4, 2019"):

The Defendant andO agree as follows relating to the land purchase price and four parcels contracts (sale price of KRW 400 million). The Defendant shall transfer 1/2 of the shares of the above land and all the rights related thereto to the buyer’sO. Of the purchase price, the down payment of KRW 100 million shall be paid up to June 11, 2019; the intermediate payment of KRW 200 million shall be paid up to June 25, 2019; and the remainder shall be paid up to July 19, 2019. Accordingly, the details of the written performance as of December 13, 2018 prepared and issued by the Defendant to L are all acquired by the buyer. At the same time, the Defendant transfers all rights, such as the ownership transfer registration and other construction permission, to a person designated by theO orO.O shall take over all the obligations of the real estate provided by the Defendant to the KO as security.

D. However, O, the Defendant, the husband P, and the Defendant’s obligee Q.

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