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Reasons
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(영문) 서울중앙지방법원 2016.04.05 2015가단115518
소유권이전등기말소절차에 대한 승낙청구
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1. As to the real estate stated in the attached list to the Plaintiff, Defendant B’s District Court’s iron registry office on July 3, 2008.

Reasons

1. Facts of recognition;

A. On June 20, 2008, the Plaintiff prepared a written agreement (the Plaintiff’s “B” and “B”; hereinafter the “instant agreement”) containing the content on the real estate listed in the separate sheet (hereinafter “instant land”) as follows with Nonparty C, and completed the registration of transfer of ownership in the name of C (hereinafter “instant transfer registration”) on July 3, 2008 as the date of receipt No. 9707 of the said date on July 3, 2008 with respect to the instant land.

1. B shall transfer the ownership of the instant land, which is currently owned by B, to A, and shall deliver all documents necessary for the registration of transfer of ownership to A by June 30, 2008.

2. A shall pay to B the purchase price of the instant land in KRW 50 million, and the payment deadline thereof shall not be later than September 30, 2008. If A fails to comply therewith, a sales contract for the instant land entered into with B shall be null and void, and A shall immediately reinstate the ownership of the instant land to B.

3. A shall be granted a loan of KRW 400 million from a financial institution by setting up a security on the instant land as soon as the ownership of the instant land is transferred from B. If a loan from a financial institution is not sufficient, A shall be held responsible for the loan and raise funds by other means.

B. C did not pay the purchase price of the instant land to the Plaintiff upon the lapse of September 30, 2008, which was the payment deadline for the said purchase price.

Afterward, Defendant B’s provisional attachment registration of the instant land was completed on March 18, 2009 with the claim amounting to KRW 18 million by 2009Kadan1593 for the Goyang-si District Court on March 18, 2009, and the Defendant Korea Asset Management Corporation issued a provisional attachment order of KRW 29,607,526 of the claimed amount with support 2009Kadan5109 on August 18, 2009.

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