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(영문) 춘천지방법원 2014.11.19 2013가단14470
가등기에 기한 소유권이전 본등기
Text

1. The defendant shall make on June 28, 2005, the Hongcheon District Court Hongcheon District Court's registration office with respect to the plaintiff's 27,560 square meters prior to Hongcheon-gun, Gangwon-do Seoul.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and the purport of all pleadings as a result of a request for market price appraisal by this Court:

On October 4, 2004, the Plaintiff respectively lent 200 million won to the Defendant, and 350 million won on March 2, 2005.

(hereinafter “instant loan”). (b)

On April 14, 2004, the provisional registration of the right to claim ownership transfer was completed on April 14, 2004 with respect to the area of 27,560 square meters (hereinafter “instant real estate”) owned by the Defendant, Hongcheon-gun, Gangwon-do.

C. The Defendant decided to establish a provisional registration in the way of transferring the above provisional registration completed in D future to the Plaintiff for the purpose of securing the instant loan. On June 28, 2005, the provisional registration made on June 24, 2005 for the instant real estate was completed in the future of the Plaintiff (hereinafter “the provisional registration of this case”) on the ground of transfer of contract made on June 24, 2005.

On July 10, 2013, the Plaintiff notified the Defendant of the completion of sales reservation on the ground of the Defendant’s non-payment of the instant loan.

E. Accordingly, on July 10, 2013, the Defendant settled the instant loan between the Plaintiff and the Plaintiff by September 25, 2013, and agreed to complete the registration of ownership transfer on the instant real estate in the Plaintiff’s future and to bear the transfer cost.

F. The Defendant failed to repay the instant loan under the foregoing agreement, and on October 25, 2013, the Plaintiff notified that there was no liquidation amount since the market price of the instant real estate does not reach the instant loan. The notification reached the Defendant around that time.

G. As of October 25, 2013, the market price of the instant real estate is KRW 316,940,000.

2. According to the judgment on the plaintiff's claim, the provisional registration security right holder's acquisition of ownership of real estate for the purpose of real estate for the exercise of the security right, the amount of liquidation or liquidation after the due date of the claim is determined.

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