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(영문) 인천지방법원 부천지원 2018.04.27 2017가합103169
소유권이전등기
Text

1. The Defendant is based on the agreement on May 28, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On July 4, 2013, the Defendant completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on July 4, 2013, and completed the registration of ownership transfer with respect to the Asian Trust Co., Ltd. based on the same date trust.

Written Consent of Agreement

1. A (the Defendant) is the owner of the Yeongdeungpo-gu Seoul Metropolitan Government Office Officetel (the instant real estate)

2. However, Party A agreed to provide B (Plaintiff) with the above officetels as security and to obtain a loan of KRW 2.1 billion for bank right security loan.

3. In implementing the Bank Right Security Loan 2.1 billion won with B as the debtor, Gap is responsible for the payment of interest on the loan.

4. In the event of arrears for not less than two months from the payment of interest, A shall immediately allow B to transfer the ownership of the collateral.

5. In addition, after six months from May 28, 2015 to November 30, 2015, the debtor from B to A is inevitably changed from May 28, 2015.

Provided, That if a debtor does not change his/her obligation six months after, A shall immediately allow B to transfer the ownership of the security.

B. On May 28, 2015, the Plaintiff and the Defendant: (a) obtained a loan from a financial institution using the Plaintiff’s name; (b) provided the instant real estate as collateral; and (c) drafted a memorandum of agreement that the Plaintiff transferred the ownership of the instant real estate to the Plaintiff in the event that the debtor does not change within six months.

(hereinafter referred to as the “instant transfer of ownership”). (The proviso of paragraph (5) shall be referred to as the “instant transfer of ownership”).

Pursuant to the above letter of agreement, on May 29, 2015, the Defendant borrowed KRW 2,100,000,000 in total from the 1,035,000,000 from the Bupyeong-nam community credit cooperatives, Busan District Court 2, and 4 Dong community credit cooperatives, and KRW 1,050,000 in the name of the Plaintiff and KRW 15,00,000 from the New-dong community credit cooperatives.

As to the instant real estate, on June 2, 2015, the registration of the trust of Asian Trust Co., Ltd is cancelled on the ground of the attribution of trust property.

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