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(영문) 창원지방법원통영지원 2015.10.20 2014가단6441
가등기말소
Text

1. The defendant shall make a registration office of the Changwon District Court with respect to the shares of 26/27 square meters in the area of 188 square meters in 188 square meters in the city of Gyeongnam-do.

Reasons

1. Facts of recognition;

A. On October 10, 191, B made a promise to sell and purchase shares of 26/27 square meters (hereinafter “instant real estate”) among the shares of 188 square meters (hereinafter “instant real estate”) in 188 square meters in Gyeongnam-do, Changnam-do, and completed the provisional registration on October 11, 1991 by Changwon District Court Seowon District Court registration office No. 20367 (hereinafter “instant provisional registration”).

B. On August 27, 1997, the Korea Development Bank loaned 20% interest rate of KRW 10 million per annum to B on August 27, 1997, 25% per annum, and due date for payment on August 27, 1998. The Plaintiff acquired the above loan claim against B from the Korea Development Bank on June 29, 202.

C. On July 1, 2011, the Plaintiff filed a lawsuit against Changwon District Court 201Ga25340 seeking the performance of the obligation to repay the said loan. On July 25, 2011, the said court decided to recommend the Plaintiff to pay to the Plaintiff 32,122,199 won and 8,207,391 won among them at the rate of 25% per annum from June 30, 2011 to the date of full payment. The said decision was served on B on September 13, 2011, and became final and conclusive on September 28, 2011.

B entered into a sales contract with the Defendant on March 11, 2015, and on March 16, 2015, based on the provisional registration of this case, the Defendant entered into the ownership transfer registration on March 11, 2015 (hereinafter “the principal registration of this case”).

E. B owns 26/27 shares of the instant real estate and the land price of which is equivalent to KRW 18,520,088,088 of the officially announced land price and KRW 26/27 shares of KRW 21,028,413 (i.e., KRW 18,520,08 Won 2,508,325) on the other hand, while it is merely equivalent to KRW 18,520,520,508,325).

36,346,670 won (as of February 27, 2014) and 12,00,000 won for E (as of February 27, 2014) in accordance with the decision of performance recommendation set forth in paragraph (1).

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