logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.04.23 2018가합59853
소유권이전등기의무 부존재확인
Text

1. The time period for the registration of transfer of ownership between the Plaintiff and the Defendant, Incheon District Court 2016 Gohap52711, has become final and conclusive.

Reasons

1. Facts of recognition;

A. 1) The spouse D, the representative of the Defendant, as C, is each real estate listed in the separate sheet from June 25, 1994 (hereinafter “instant real estate”).

(2) On December 12, 2013, the Plaintiff owned the instant real estate, and the decision to commence the auction was made by voluntarily applying for auction by E Union, a mortgagee, on which July 2, 2014, the decision to permit the sale of the instant real estate was made on July 9, 2014. (2) On July 22, 2014, the Plaintiff completed the registration of ownership transfer due to voluntary auction on the instant real estate on July 22, 2014, and completed the registration of ownership transfer as a result of loan of KRW 230 million from the Industrial Bank of Korea on the same day, and completed the registration of the establishment of a neighboring mortgage and the registration of superficies with the maximum debt amount of the instant real estate amount of KRW 276 million in the future.

3) Meanwhile, on July 8, 2014, F, the Plaintiff’s husband, as the Plaintiff’s agent, promised to sell the instant real estate to the Defendant at less than KRW 290 million (after registration) to the Defendant, as the Plaintiff’s agent, respectively (hereinafter “each of the instant notes”).

4) Since the preparation of the instant report, D requested G to provide a loan in the name of G in order to raise the sales price of the instant real estate. On September 5, 2014, D was promised to lend KRW 275 million in the name of G in the name of G by collateraling the instant real estate.

Accordingly, D, upon obtaining F’s consent with respect to the payment of the purchase price for the above loan, and on September 12, 2014, as the purchaser of G, drafted a sales contract with respect to the instant real estate between F and F that represented the Plaintiff, with respect to the instant real estate:

1. Indication of real estate: Real estate in this case;

2. Terms and conditions of the contract - The purchase price: The balance of KRW 275,000,000 - The payment shall be made on September 26, 2014 for the remainder of KRW 16,000,000.

(Date of Implementation of Loans). The seller and the buyer, as agreed in the special agreement, shall be.

arrow