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Reasons
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(영문) 부산지방법원 동부지원 2018.08.29 2017가합102944
소유권이전등기
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1. The plaintiff (Counterclaim defendant) is the Changwon District Court with respect to each real estate stated in the separate sheet to the defendant (Counterclaim plaintiff).

Reasons

1. Facts of recognition;

A. On May 29, 2008, the instant real estate was owned by C on May 29, 2008, after completing the registration of ownership transfer. D Union, a creditor of C and the mortgagee of the instant real estate, applied for the auction of the instant real estate on July 10, 2009 (C. E.) (i.e., Changwon District Court) and filed a lawsuit against FF Co., Ltd. on July 12, 2010 against F Co., Ltd., the lien reporting person of F Co., Ltd. during the said auction procedure, and D Union filed a lawsuit to confirm the existence of the lien.

(C) On May 4, 2011, the court held on May 22, 2011 that “The lien of Defendant FF Co., Ltd. on the instant real estate does not exist in excess of KRW 578,357,603 of the secured claim amount,” and the above ruling was finalized on June 22, 2011.

3) On August 13, 2012, G representative director of the F Co., Ltd.: (a) drafted a letter of undertaking to transfer all rights to the F Co., Ltd.’s lien to H at the same time with the payment of KRW 200 million from H on August 13, 2012; (b) I completed the registration of ownership transfer on the same day after receiving a successful tender for the instant real estate.

5) On May 1, 2015, the Defendant purchased the instant real estate from I and completed the registration of ownership transfer on June 9, 2015 (the transaction value of KRW 500 million on the register) (the Defendant completed the registration of establishment of a collateral security with the amount of KRW 564 million on June 9, 2015, the registration of establishment of a collateral security with the debtor, the mortgagee, the J-mortgage, the maximum debt amount of KRW 564 million on June 9, 2015, the amount of KRW 160 million on June 29, 2015, and the registration of establishment of a collateral security with the debtor, the mortgagee, the mortgagee, and the maximum debt amount of KRW 9350,50,000 on October 21, 2015, respectively.

B. On December 21, 2015, the Defendant concluded a sales contract between the Defendant and H to sell the instant real estate at KRW 730 million with H.

Of the purchase price, KRW 50 million is the down payment, and KRW 50 million is January 10, 2016.

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