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(영문) 광주지방법원순천지원 2015.03.25 2015가합114
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B is based on an agreement dated June 18, 2014 with respect to each real estate listed in the separate sheet.

Reasons

1. Indication of claim;

A. On April 11, 2012, the Plaintiff entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the sales price of 300 million won.

B. Defendant B completed the registration of ownership transfer with respect to the instant real estate under the condition that Defendant B paid only KRW 140 million out of the purchase price around September 2012, and received the instant real estate from the Plaintiff.

C. On September 13, 2012, Defendant B took out a loan of KRW 99,00,000 from the Yongsan Agricultural Cooperative on September 13, 2012, and completed the registration of creation of a collateral of KRW 16,000,000 for the future maximum debt amount of KRW 116,000.

On June 18, 2014, the Plaintiff and Defendant B made a written agreement to cancel the registration of creation of mortgage and pay an amount equivalent to the secured debt of the right to collateral security (right to collateral security (right to collateral security) before July 1, 2014.

Defendant C jointly and severally guaranteed all the obligations owed by Defendant C to the Plaintiff in accordance with the above written commitment to the performance of the agreement.

E. However, by July 1, 2014, Defendant B did not pay KRW 160 million for the unpaid purchase price until July 1, 2014, and Defendant B did not cancel the registration of establishment of a neighboring mortgage established on the instant real estate by July 10, 2014.

F. Accordingly, Defendant B is obligated to perform the procedure for ownership transfer registration of the instant real estate and deliver it to the Plaintiff.

Furthermore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest 102,000,093 won (as of November 16, 2014, the principal and interest 99,000,000 won, interest 3,000,093 won) of the secured obligation of the right to collateral security established on the instant real estate and damages for delay thereof.

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