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(영문) 제주지방법원 2019.10.22 2018가단66182
기타(금전)
Text

1. The Defendant: (a) on September 14, 2018, the same court of Jeju District Court with respect to the auction case of real estate deposit.

Reasons

1. Basic facts

A. 1) An agricultural corporation L (hereinafter “L”) is limited to the conclusion of a sales contract with L Co., Ltd. and the Defendant.

(A) On March 11, 2015, the Plaintiff and the Defendant-owned M, are 3221.6 square meters of the area before the cadastral resurvey (3207 square meters of the area before the cadastral resurvey on December 29, 2017; hereinafter “instant land”).

A) A sales contract was concluded to purchase KRW 278,00,000 for the purchase price. On May 28, 2015, L was fully paid the purchase price to the Defendant. (2) L was loaned KRW 300,000 from the N association on May 28, 2015. Upon L’s request, the Defendant entered into a mortgage contract to secure the above loan obligation with the N association on the instant land. On May 28, 2015, the N association concluded a mortgage contract to secure the above loan obligation with the N association on the instant land. On May 28, 2015, the N association completed the mortgage registration (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

On the other hand, L, on March 11, 2015, purchased from P 2,162 square meters prior to P and Q 226 square meters prior to R from Q (L did not complete the registration of ownership transfer as to the land of the said other two lots) in addition to the instant land. The instant right to collateral security was not only the instant land but also the joint security of 2,162 square meters prior to P and 226 square meters prior to R.

(2) On May 29, 2015, the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of this case”) on the instant land on May 29, 2015, based on the “pre-contract for sale and purchase as of May 28, 2015” (hereinafter referred to as “provisional registration of this case”).

(1) The Act has been completed.

B. On June 16, 2015, L prior to the provisional registration of this case entered into a contract on partial transfer of ownership transfer rights with Plaintiff B as to the share of 330/3207 out of the instant land, which is the right on the provisional registration of this case, and on May 12, 2016, Plaintiff B transferred part of the right to claim ownership transfer as to the share of 330/3207 out of the instant land.

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