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(영문) 수원지방법원 성남지원 2021.01.13 2019가단225186
건물등철거
Text

The defendant is limited to the sale on March 28, 2017 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On January 4, 2017, the Defendant: (a) purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from a successful bid in an auction procedure; (b) completed the registration of transfer of ownership of the instant real estate; (c) on March 28, 2017, the Defendant received the instant real estate from the Plaintiff as collateral and repaid the Plaintiff to the creditors for the purpose of paying the purchase price; and (d) completed the registration of transfer of ownership in the name of the Plaintiff on the instant real estate, and paid the interest on the loan accrued until the time of registration of transfer of ownership.

B. On March 28, 2017, when the Plaintiff was granted a loan of KRW 330,000,000 from D Association, the Plaintiff completed the registration of establishment of the right to collateral security at the maximum amount of KRW 430,000 with respect to the instant real estate to D Association, and transferred the loan to E, etc. by the Defendant’s creditor designated by the Defendant.

(c)

With respect to the Plaintiff’s share of 134/935 of the real estate stated in the attached list No. 1, the Defendant completed the registration of transfer of ownership on March 28, 2017 with respect to the share of 29/204 of the real estate stated in the attached list No. 29 of the real estate stated in the attached list No. 3 of the attached list. 29 of the real estate.

(d)

The Defendant paid interest based on the instant loan to the Plaintiff by May 2019. However, on June 29, 2019, the Plaintiff paid a total of KRW 23,165,350 by October 29, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 14, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition as to the claim for registration of transfer of ownership, the Defendant is obligated to implement the registration procedure for transfer of ownership on March 28, 2017 with respect to the Defendant’s shares among each of the instant real estate to the Plaintiff.

B. According to the facts of the above recognition as to the claim for unfair benefit, the defendant paid to the financial institution the interest amounting to KRW 23,165,350 and the purport of the claim in this case.

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