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(영문) 서울중앙지방법원 2016.04.06 2015가합21979
소유권이전등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff completed the registration of ownership transfer based on sale and purchase as of February 15, 2013, No. 2889, which was received on February 15, 2013, with respect to each real estate listed in the separate sheet (as to the real estate listed in paragraph (4) of the attached list, 2/3 shares among them shall be completed as above, and the remaining 1/3 shares shall be completed as of May 28, 2013 by the receipt of 10303, May 20, 2013, the Plaintiff completed the registration of ownership transfer based on sale and purchase as of May 20, 2013.

(2) In order to raise the sales price of each real estate listed in the separate sheet, the Plaintiff obtained a loan from the Seo-dong Agricultural Cooperative, Seo-dong, the Plaintiff completed the registration of creation of a mortgage on February 15, 2013 with respect to the said real estate as the maximum debt amount of KRW 276 million, which was the mortgagee, Seo-dong Agricultural Cooperative, the obligor, and the maximum debt amount of KRW 276 million. On May 28, 2013, the Plaintiff changed the maximum debt amount of the said right to collateral security at KRW 370 million.

3) Upon receiving a loan from a permanent agricultural cooperative, the Plaintiff repaid the loan specified in the foregoing paragraph 2, and cancelled the registration of the establishment of the establishment of a neighboring agricultural cooperative under the name of the Seocho-dong Agricultural Cooperative. On November 26, 2013, the Daegu District Court rendered a permanent resident registration office of the permanent resident in Daegu District Court completed the registration of establishment of a neighboring real estate with the maximum debt amount of KRW 370 million (hereinafter “the registration of establishment of a neighboring real estate”).

B. The Plaintiff and Defendant B received a decision in lieu of conciliation as of January 15, 2015 (hereinafter “instant compulsory conciliation decision”) in the loans rendered by the Plaintiff against Defendant B, Daegu District Court Decision 2014Kadan4293 (No. 4293), and the main contents thereof are as follows.

1. Until April 13, 2015, Defendant B:

(a)payment of KRW 98 million;

B. As to each real estate listed in the separate sheet, the Daegu District Court’s permanent registry office was established on November 26, 2013 as the collateral security established under No. 21699.

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