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(영문) 수원지방법원성남지원 2015.08.19 2014가합8291
소유권말소등기절차이행
Text

1. On May 13, 2014, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Suwon District Court rendered an Ansan Branch Branch.

Reasons

1. Facts of recognition;

A. On April 2014, the Plaintiff requested D Licensed Real Estate Agent Office located in Ansan-si, Ansan-si to mediate the sale and purchase of each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”). The only part of each of the instant real estate is the building.”

B. After the beginning of May 2014, the Plaintiff was introduced F as the purchaser of each of the instant real estate by the broker assistant E of the said brokerage office, and the Plaintiff was introduced again on behalf of F on the grounds that the Plaintiff cannot succeed to the secured debt under the name of the anti-month Agricultural Cooperative, which was established on each of the instant real estate at the time F at the time.

C. On May 2014, the Plaintiff agreed to sell each of the instant real estate to the Defendant at KRW 890 million in the purchase price. However, the Defendant agreed to take over KRW 180 million in the collateral security obligation under the name of an agricultural cooperative in half-month and KRW 579 million in the sum of the lease deposit repayment obligation for the lessee of the instant building and KRW 579 million in the lease deposit repayment obligation for the lessee of the instant building, and to pay KRW 130 million in the remainder after deducting the above acquisition obligation from the purchase price.

(hereinafter “instant sales contract”).

D. On May 13, 2014, the Plaintiff received three million won from E on behalf of the Defendant, and the remaining sales amount of KRW 128 million was paid to the Defendant as a loan granted as security for each of the instant real estate. On May 13, 2014, the Plaintiff completed the registration of ownership transfer as described in paragraph (1) of this case on each of the instant real estate (hereinafter “instant ownership transfer”).

E. On the other hand, on June 3, 2014, the Defendant acquired the Plaintiff’s right to collateral security against the Nonghyup Cooperatives, and registered the obligor of the said right to collateral security as the Defendant.

F. However, regarding the instant real estate, the mortgagee G on May 13, 2014.

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