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(영문) 수원지방법원안산지원 2016.08.12 2013가단39353
소유권이전등기말소
Text

1. Defendant C: (a) on June 28, 2013, the Suwon District Court rendered an Ansan Branch with respect to the real estate stated in paragraph (2) of the attached Table attached hereto to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 31, 2008, the Plaintiff acquired ownership by completing the registration of ownership transfer on February 29, 2008 with respect to each real estate listed in the separate sheet.

B. On June 20, 2012, the Plaintiff’s former wife D loaned KRW 170,000,000 from Defendant Nonghyup Bank. On the same day, the Plaintiff created a right to collateral security of KRW 204,00,000 with respect to the instant real estate as security for the said loan.

C. On February 2013, the Plaintiff borrowed money from E (the Plaintiff claimed that the amount of the loan is KRW 30,000,000,000, but the accurate amount of the loan is unclear), and on February 20, 2013, the Plaintiff completed the registration of the right to claim transfer of ownership with respect to the instant real estate on February 20, 2013 for the purpose of collateral security.

(However, the above E is merely a nominal owner, and the actual monetary transaction seems to have been made between the Plaintiff and the F).

Since then, the Plaintiff is above C.

The borrowed money stated in the subsection was not repaid, and the B.

The loans described in paragraph (1) have been in arrears.

Accordingly, around June 2013, the Plaintiff and F agreed to sell the instant real estate in order to raise funds to repay the borrowed money.

(F) The Plaintiff and F discussed the method of transferring the registration of the right to claim ownership transfer in the name of E on the instant real estate in order to raise funds, but thereafter, the Plaintiff and F agreed to change the method according to F’s proposal and sell the instant real estate.

The Plaintiff delegated F with the instant real estate transaction, and issued F with the power of delegation as to the sale and purchase, and with the certificate of personal seal impression for sale issued directly by the Plaintiff on June 20, 2013, and with the abstract of resident registration.

F. On June 26, 2013, the F entered into a sales contract with Defendant B by setting the sales price of the instant real estate as KRW 600,000,000, at the H Licensed Real Estate Agent Office located in Ansan-si G, Ansan-si, the brokerage of Licensed Real Estate Agent I, and entered into a sales contract with Defendant B.

hereinafter referred to as "the case."

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