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(영문) 의정부지방법원고양지원 2017.06.23 2016가합74272
소유권이전등기
Text

1. The Plaintiff:

A. As to each land listed in the separate sheet Nos. 1, 2, and 3, Defendant C shall list the annexed sheet.

Reasons

1. Facts of recognition;

A. Since June 30, 1999, Defendant B owns each of the lands listed in paragraphs 1, 2, and 3 of the attached Table 1, and Defendant C owns each of the lands listed in paragraph 4 of the attached Table since June 30, 1999.

In addition, Defendant B owns and occupies each building listed in Section 5, 6, and 7 of the attached Table No. 5, 6, and 7, which are unregistered buildings on the land listed in the attached Table No. 1, and Defendant C owns and occupies each building listed in Section 8, which is unregistered buildings on the land listed in the attached Table No. 4.

B. On September 18, 2015, the Plaintiff entered into an agreement with Defendant B on September 18, 2015, regarding “The Plaintiff’s total of KRW 400 million on September 18, 2015, KRW 300 million on October 1, 2015, KRW 400 million due date, KRW 18,000,000 on March 18, 2016, and KRW 1.5,00,000 on January 5, 201,” “interest rate is 1.5.”

However, in light of the purport of the oral argument, the above interest is deemed to be in 1.5 minutes per month. The above interest is to be determined and lent, and if Defendant B fails to repay the above loan, it entered into a monetary loan agreement (hereinafter “the instant monetary loan agreement”) with the purport that it will transfer each land, etc. listed in the separate sheet No. 1 through No. 4 provided as collateral to the Plaintiff without any condition, and the loan under the said monetary loan agreement was paid to Defendant B in accordance with the said monetary loan agreement, and thereafter, on October 2, 2015, in order to guarantee the repayment of the loan obligation, each land listed in the separate sheet No. 1 through No. 4 owned by the Defendants as joint collateral, each of which was registered by the Defendants as “the maximum amount of credit amount of KRW 560 million, and Defendant B” was registered as “the debtor and each of the above land.”

As the Plaintiff was unable to receive the instant loan from Defendant B, it applied for the commencement of the auction on real estate based on the above collateral security as to each land listed in the separate sheet Nos. 1 through 4. On January 13, 2016, the order to commence the auction on real estate as to each of the above land was rendered by the Jung-gu District Court Goyang Branch D.

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