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(영문) 수원지방법원평택지원 2020.12.16 2019가합14631
건물퇴거 등
Text

All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A.O made loans to P on July 2, 2002, KRW 350 million, and KRW 430 million, totaling KRW 80 million on August 29, 2002, at the rate of 2.5% per month, and at the rate of delay interest 3.5% per month.

B. P, in order to secure the above loan debt, ① on July 2, 2002, the registration of ownership transfer for 10/1540 shares out of the total of 1,540 square meters prior to Pyeongtaek-si N (hereinafter “instant land”); the registration of ownership transfer for the remaining 1530/1540 shares (hereinafter “instant land shares”); and the registration of ownership transfer for the remainder of 1530/1540 shares (hereinafter “instant promise”); and ② the registration of ownership transfer for the instant land and the establishment of a new mortgage for 52,500,000 won, among the buildings scheduled to be newly constructed on the instant land and its ground [Attachment 1] drawings; (3) the registration of ownership transfer for 8 households with the indication of “ Qdong” was concluded; and (4) the registration of ownership transfer for 200,000,000 won under the title of the instant building and multi-household housing was modified to 2.5 billion won under the title of each of the instant land.

C. P andO completed registration of ownership preservation on August 20, 2012 with respect to the 1/2 portion of Qudong of the instant building.

O filed a lawsuit against P to exercise of the security right based on the instant reservation for sale and payment agreement, and the execution of the procedures for ownership transfer registration with respect to shares in the instant land and shares in Q 1/2 of the building Q Q 2, and was sentenced to a judgment of acceptance of the entire claim (Seoul District Court Decision 2012Gahap2639, Jul. 11, 2013).

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