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(영문) 수원지방법원 성남지원 2018.08.21 2018가합400369
가등기말소
Text

1. The defendant (Counterclaim plaintiff) is about the real estate stated in the attached list No. 1 to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company that runs a new real estate sales business, etc., and each of the real estate listed in the attached Table (hereinafter “each of the instant units”).

(2) The Defendant is the person having the provisional registration that completed the provisional registration of the right to claim the transfer of ownership with respect to each of the units of this case as seen below.

B. C and D’s partnership business 1) C and D established the Plaintiff on October 16, 2008 to jointly promote a new real estate sales business, etc., and thereafter, the Plaintiff established the Plaintiff, through the Plaintiff, a main complex building with three underground floors and ten floors above ground in Osan-si E (hereinafter “instant commercial building”).

(2) On November 201, 201, the Plaintiff newly constructed and sold the instant commercial building, and completed registration of ownership preservation and sold it in the name of the Plaintiff. In addition, some of the headings, including each of the headings of this case, were not sold and owned by the Plaintiff.

C. On the other hand, on February 28, 2014, C issued a promissory note with a face value of KRW 550 million to the Defendant and issued a notarial deed as to the right to claim a transfer of ownership under the name of the Defendant, and on the other hand, C concluded a provisional registration on May 18, 2015 (hereinafter “instant five units”) with regard to the instant units and the instant units and the instant 204 (hereinafter “instant units”) with the Defendant’s representative director, in the sense of settling the money borrowed from the Defendant, for the purpose of repayinging the obligation of the said promissory notes and providing a security therefor.

3. On May 19, 2015, the Defendant: (a) completed the registration of the provisional registration of the right to claim ownership transfer as to each of the subparagraphs of the instant units; and (b) made each of the instant five units of units with regard to all of the five units of the instant units.

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