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(영문) 울산지방법원 2018.08.23 2018가합20367
소유권이전등기
Text

1. The Defendant is on the ground that the Plaintiff entered into a land supply contract on May 28, 2015 with respect to C,308 square meters of land for a factory in Gyeyang-si.

Reasons

1. Facts of recognition;

A. The defendant is the executor of a business which develops and sells a general industrial complex (hereinafter "the industrial complex of this case") in the Ddong unit in Gyeyang-si (hereinafter "the industrial complex of this case"), and the person eligible for a loan for the purchase price of land under the agreement of this case is the person who purchased industrial facilities and support facilities within the industrial complex of this case from the defendant and received a letter of recommendation from the defendant.

Article 2 (Terms and Conditions of Loans) Terms and conditions of loans, such as amounts of loans, duration of loans and interest rates, shall be determined by the E Bank.

Article 4 (Prohibition of Infringement) The defendant shall not arbitrarily engage in any act of transferring ownership, prior approval for use, creation of various rights, such as transfer of mortgage, superficies, and right to sell land on which the E bank borrows, until the E bank acquires the first collateral security right, nor shall it interfere with the acquisition of security rights of the bank.

Article 5 (Preservation of Loan Claims) (3) The defendant shall issue a written consent of transfer of the right to request the transfer registration of ownership at the time of loan to the E bank by the buyer of the purchase in order to preserve the loan claims of the E bank received by the buyer

(5) Where the E Bank exercises the right to claim the transfer registration of ownership in order to secure bonds, the defendant shall transfer the registration to the E Bank without delay.

Article 10 (Request for Submission of Letters, etc.) When the defendant recommends a buyer to a E bank as a person eligible for a loan, he/she shall collect two copies of each letter from the buyer and send one copy to the E bank.

Around 2015, E Co., Ltd. (hereinafter “E bank”) and E Bank entered into an agreement with respect to the provision of loans to buyers in the instant industrial complex as follows:

(hereinafter “instant Convention”). (b)

On May 21, 2015, the Defendant pertaining to 3,305 square meters of land for F in the instant industrial complex (hereinafter “instant land”).

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