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(영문) 서울중앙지방법원 2017.08.30 2017가단5017057
가등기말소
Text

1. The Plaintiff:

A. Defendant B shall assist Suwon District Court with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On November 2, 2006, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty C in the purchase price of KRW 120 million, and appropriated KRW 60 million from the Korean bank (hereinafter “Korea bank”) for the part of the purchase price, and created a collateral security right on the instant real estate in the future of the Korean bank to secure the said debt.

B. Around January 2007, Defendant B, the Plaintiff and Defendant B, the same birth, purchased the instant real estate from the Plaintiff in the amount of KRW 135 million, but in lieu of Defendant B’s acceptance of the said obligation against the Bank, Defendant B paid the remainder of KRW 75 million to the Plaintiff.

C. On January 5, 2007, the Plaintiff and Defendant B agreed to sell the instant real estate at KRW 75 million to Defendant B (Article 1); “The date of completion of the sale shall be January 5, 2008; the date of completion of the sale shall be deemed to have been completed as a matter of course without declaration of intention of completion of the sale; “When the sale has been completed pursuant to Article 2, the sale shall be deemed to have been completed as a matter of course without declaration of intention of completion of the sale; the Plaintiff shall receive the price under Article 1 from Defendant B; at the same time, the Plaintiff shall take the procedure for the transfer of ownership due to the sale of the said real estate; and shall deliver the said real estate to the Plaintiff (Article 3); “Defendant B shall pay the Plaintiff KRW 50 million on the day of the reservation as the deposit under this reservation; the above amount shall be deducted from the price under Article 1 (Article 4)” (hereinafter “instant purchase and sale contract”). The Plaintiff’s claim for the transfer of ownership on the instant real estate shall be deemed to be registered as the Jeju District Court.

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