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(영문) 의정부지방법원 2018.07.24 2016가단119519
소유권이전등기말소
Text

1. On April 29, 2016, the Defendant, as to each real estate listed in the separate sheet, to the Plaintiff.

Reasons

1. Basic facts

A. On January 21, 2016, the Defendant paid interest of 2% per month to the Plaintiff, lent KRW 246 million to the Plaintiff, and as a security therefor, completed the registration of creation of a neighboring mortgage in the name of the Defendant under the name of the Defendant, with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”).

B. On April 28, 2016, the Defendant entered into a real estate sales contract (No. 2, hereinafter “instant sales contract”) with the Plaintiff to receive interest rate of 2% per month and additionally lend KRW 154 million to the Plaintiff, and with respect to each of the instant real estate, the Defendant entered into a real estate sales contract (No. 2, hereinafter “instant sales contract”).

1. The sales price of the instant case shall be KRW 1,105,000,000; the down payment shall be KRW 400,000,000; and the remainder shall be KRW 705,00,000,000.

2. Where the Plaintiff, a seller, could not fully repay the amount of KRW 400,000,000 borrowed from the Defendant, the buyer (hereinafter “instant loan”) by July 10, 2016, this sales contract is valid.

3. From July 10, 2016, the Defendant, the buyer, can complete the registration of ownership transfer for each real estate of this case without any obligation to confirm the seller’s intention separately at the time the Defendant, the buyer, and the Plaintiff, the seller, does not raise any objection thereto.

4. Until July 31, 2016, the Defendant, the buyer, shall pay the remainder under this sales contract to the account designated by the Plaintiff, the seller.

5. The Defendant, the buyer, shall set off the amount of the secured debt based on D against the remainder of the purchase price of this case, which is set forth in each of the instant real estates (the maximum bond amount of KRW 480,00,000,000,000,000 for each of the instant real estates (the branch office of the Korea Federation of Cooperatives (the branch office of the Korea Federation of Cooperatives); and

C. The Defendant, based on the instant promise to sell and purchase each of the instant real estate, shall receive the Kugwon District Court’s registration office on April 29, 2016.

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