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(영문) 서울북부지방법원 2016.08.23 2015가단36850
소유권이전등기절차 이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D religious organization E (the name was changed to “A religious organizationB” on June 22, 2010; hereinafter referred to as “Plaintiff”) purchased land from G and Defendant for five parcels of land outside 357 square meters prior to the Seoul Special Metropolitan City Nowon-gu, Nowon-gu on September 29, 2006.

On January 11, 2007, in order to secure the remainder of the purchase price after paying KRW 30 million to G among the purchase price, the Plaintiff obtained a construction permit on the real estate listed in the attached Table (hereinafter “instant building”) to be newly constructed in the joint name of the Plaintiff, the Defendant, and the three persons (the title trustee designated by G as a sales contract broker).

B. On April 21, 2008, I lent KRW 300 million to the Plaintiff the new building of this case, and on July 21, 2008, the representative of Plaintiff J agreed to repay the principal and interest of KRW 500 million.

I, as the Plaintiff was unable to pay it at the maturity date, a voluntary conciliation was established on April 22, 2009 with the content that “the Plaintiff shall be paid KRW 485 million to I until June 30, 2009, and KRW 185 million until December 31, 2009.”

C. On May 1, 2008, the Plaintiff obtained approval for the use of the instant building and completed the registration of the owner in the building management ledger in the name of three building owners.

On April 24, 2009, I received a provisional attachment order for the Plaintiff’s 1/3 of the instant building from the Seoul Northern District Court 2009Kadan1247 as to the Plaintiff’s 1/3 of the instant building on the same day, and the registration of ownership preservation was made in the name of the Plaintiff, Defendant, and H 3 of the instant building on the same day for its enforcement.

I received a decision to commence compulsory auction (Seoul Northern District Court K) on August 6, 2009 on the Plaintiff’s one-third portion of the instant building, and the Plaintiff’s share in the said auction procedure is paid KRW 40 million on behalf of I on July 28, 2010 and paid KRW 250 million to L who participated in the bidding.

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