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(영문) 서울중앙지방법원 2019.06.13 2018가단5213029
소유권말소등기
Text

1. The defendant shall accept the registration office of the Seoul Central District Court on January 4, 2018 with respect to each real estate listed in the separate sheet to D.

Reasons

1. Basic facts

A. The Plaintiff’s claim against D 1) On December 20, 2017, the Plaintiff is the E Apartment F Co., Ltd. (hereinafter “instant apartment”).

(2) The Plaintiff purchased the sales price at KRW 410,00,000; the down payment at KRW 41,00,000 was concluded on the date of the contract; the remainder KRW 369,00,000 was to be paid on March 30, 2018; and the down payment at KRW 41,00,000 was to be paid to D on the date of the contract; and the Plaintiff and D provided that the said sales contract would be rescinded if any additional alteration of rights occurs on the condition that there is no alteration of rights by the due date for the remainder payment, other than the collateral security, etc. already established under the said sales contract.

However, after the above sales contract, ① the claim amount of January 18, 2018, KRW 200,000, KRW 200,000, KRW 200 of creditor G’s provisional seizure (the Daejeon District Court Branch Branch of Daejeon District Court Branch of 2018Kadan10038), ② the registration of provisional seizure under the creditor H’s name (the District Court Decision 2018Kadan256) was completed on February 9, 2018, and the provisional seizure under the creditor H’s name (the District Court Decision 2018Kadan256) was canceled on September 3, 2018.

3) The Plaintiff filed a lawsuit against D with D seeking a total of KRW 82,00,000,000 for the down payment of KRW 41,000 and penalty of KRW 41,00,000 for the said sales contract. In the said lawsuit, D is recognized as KRW 20,000,000 for the penalty, and D is liable to pay the Plaintiff the amount of KRW 61,00,000 for the delayed payment of the said amount and the delayed payment for the said amount. (b) A was sentenced on December 13, 2018 and became final and conclusive around that time (a) around that time (b) D and C’s legal relations between D and the Defendant’s each of the Defendant’s words, which took up KRW 10,00,00 for the 10,000,000 for the penalty of KRW 16,00 for the first time,00 for the first time,00,000 for the first time, 2017.

2 D is not able to repay the above borrowed money to C, D was owned by C on January 3, 2018.

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