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(영문) 서울중앙지방법원 2020.10.28 2020가단5106360
소유권이전등기
Text

1. The Defendant received on March 12, 2018 from the Seoul Northern District Court as to the real estate stated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. The real estate indicated in the past text prior to the instant promise to sell and purchase (hereinafter “the instant real estate”) is owned B, and D, on February 3, 2017, the Association established the right to collateral security (119,600,000) for the maximum debt amount on the instant real estate.

(A) The Plaintiff, on February 14, 2017, lent KRW 50 million to B, and on the same day, set up the right to collateral security of KRW 75 million with respect to the instant real estate.

B on December 20, 2017, F created the right to collateral security of 48 million won with respect to the instant real property to F.

B. The date of concluding the instant pre-sale and provisional registration: 220,000 won: The date of concluding the pre-sale: March 12, 2019; however, the pre-sale is deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the sale, even if the said date has expired.

B shall receive KRW 220,000 from the Plaintiff and simultaneously implement the registration procedure for ownership transfer of the instant real estate to the Plaintiff.

On March 12, 2018, the Plaintiff entered into a pre-sale agreement with B on the instant real estate (hereinafter “instant pre-sale agreement”) and the main contents are as follows.

On March 12, 2018, the Plaintiff cancelled the registration of creation of a neighboring mortgage on February 14, 2017, one of which was the same day, and paid KRW 34.5 million to F, who was another mortgagee, the Plaintiff cancelled the registration of establishment of a neighboring mortgage on December 20, 2017, and paid KRW 15.5 million to E, who is the mother of B.

The Plaintiff and B deemed that they received KRW 100,000,000 as part of the purchase price of KRW 50,000,000,000 for loans related to the right to collateral security, F subrogated payment of KRW 34,55,00,00 for E-payment of KRW 15,55 million.

(A) On June 8, 2018, the Plaintiff paid KRW 10 million as part of the purchase price to B on June 8, 2018.

(C) The G Co., Ltd. is a creditor of B on July 17, 2018.

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