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(영문) 청주지방법원 2016.01.13 2015가단105841
소유권이전등기말소 등
Text

1. The defendant shall be the plaintiff.

A. On February 13, 2015, Jinju District Court, Jincheon Registry of the Cheongju District Court with respect to the attached list 1 and 2 real estate

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff entered into a sales contract with the Defendant and the Plaintiff on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), with a sales price of KRW 600 million. The down payment of KRW 125 million was settled and adjusted with the amount payable by the Plaintiff to the Defendant, and the intermediate payment of KRW 250 million was succeeded to the Plaintiff’s loan, and the remainder of KRW 215 million was paid directly by the Defendant by April 30, 2015 (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff agreed to transfer the ownership of each of the instant real estate to the Defendant in advance, and accordingly, the Defendant future made the registration of ownership transfer as to the instant real estate 1 and 2, and made the registration of ownership transfer as to the instant three real estate, which was not registered, as the building that was newly constructed by the Plaintiff at the expense, the Jincheon District Court of Cheongcheon-si, 3240 received on February 13, 2015.

C. On February 13, 2015, the Plaintiff and the Defendant prepared a notarial deed of debt repayment contract with the maturity date as of April 30, 2015, in order to secure the obligation to pay the remainder of KRW 215 million under the instant sales contract. Article 7 Subparag. 1 of the notarial deed states that “When the Defendant received a provisional attachment or application for auction, he/she shall lose the benefit of the said obligation, and immediately repay the remainder in full.”

The Defendant Intervenor filed an application for provisional attachment with respect to each of the instant real estate on March 2, 2015, and received a decision of provisional attachment from the Cheongju District Court on March 2, 2015, and completed a registration of provisional attachment with the amount claimed as KRW 70 million each on the same day at the Jincheon District Court’s Office of Registry.

E. The Plaintiff’s peremptory notice demanding the performance of the obligation to perform the remainder against the Defendant and the instant intent to cancel the instant sales contract in the event of failure to perform the obligation.

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