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(영문) 수원지방법원성남지원 2016.01.20 2015가합204027
소유권이전등기
Text

1. Defendant A Co., Ltd. is due to sale and purchase on March 6, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. Around 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) formulated a plan to run a joint housing construction project on the land outside the Suwon-si, Suwon-si, and 15 lots outside the said land. At the time, there was a need to use part of D forest land 2,588§³ owned by Defendant B as a road site for the said housing construction project. On April 30, 2013, Defendant B purchased 250 million won among the above D forest land 2,58 square meters (hereinafter “road site in this case”). The down payment of KRW 50 million was concluded on the date of concluding the contract, and the remainder of KRW 120 million was to be paid within three months after the construction approval of the said housing construction project (hereinafter “instant site purchase contract”). The remainder of the aforementioned construction contract was entered into with Defendant B C Co., Ltd., Ltd. (hereinafter “Defendant B’s maximum debt amount”). At the time of securing the payment of the remainder of KRW 1200 million, Defendant B Co., Ltd. (hereinafter “Defendant B”).

(B) On April 30, 2008, on the instant land, the Jeju District Court had already established the establishment of a mortgage over the instant land, which was the maximum debt amount of 360 million won, No. 30842, Apr. 30, 2008, and the debtor E and the Korean National Bank Co., Ltd., the establishment of a mortgage over the instant land was later established, which was lower than the instant mortgage, with the maximum debt amount of 150 million won, No. 63455, Jul. 26, 2013, the Jeju District Court established the establishment of a mortgage over the instant land, which was the debtor E and the mortgagee F).

In order to sell the land of this case to another person, Defendant A said that the land of this case can be promptly paid even if part of the balance of 1.2 billion won is to be sold to Defendant B.

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